Former Ethics Officer Says NLRB Inspector General ‘Improperly’ Cleared Obama Appointee of Wrongdoing

A former senior National Labor Relations Board ethics officer testified in a sworn affidavit that the agency’s Office of Inspector General (OIG) incorrectly failed to recommend civil or criminal action against NLRB general counsel Lafe Solomon in a conflict of interest investigation.

The OIG acts as an independent body to investigate claims of ethical misconduct against NLRB members. It launched an investigation in 2012 into Solomon’s conduct in a potential NLRB lawsuit against Wal-Mart, according to legal documents obtained by the Daily Caller.

Solomon’s alleged misconduct in the Wal-Mart case stemmed from his ownership of stock in the company, which he inherited from his mother when she died in July 2011.

The OIG concluded that Solomon, whom President Barack Obama appointed NLRB’s Acting General Counsel in June 2010, violated conflict of interest law, but that “extenuating and mitigating circumstances” — including an adversarial relationship with a co-worker — should shield him from criminal prosecution.

That co-worker, former NLRB Designated Agency Ethics Official (DAEO) Gloria Joseph, strongly disagreed with the OIG’s recommendation to allow Solomon to avoid responsibility, according to her sworn affidavit dated November 29, 2012.

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600 Workers To Be Fired As Controversial Activist Judge Sides With Obama-NLRB And SEIU Strikers

A Democrat-appointed federal judge with a controversial past and a “weird record of empathy for those accused of sexual crimes involving children” has sided with Barack Obama’s National Labor Relations Board and the Service Employees International Union by ordering a nursing home chain whose SEIU workers are striking to reinstate the strikers. The judge’s decision to side with the NLRB and SEIU will cause more than 600 replacement caregivers’ employment to be terminated.

To make matters worse, among those who will be reinstated will be SEIU strikers who are alleged to have committed acts of sabotage against nursing home residents (including Alzheimer’s patients) when the union struck back in July.

On Tuesday, federal judge Robert N. Chatigny weighed in on a nearly two-year old labor battle between SEIU-affiliated New England Health Care Employees Union, District 1199 and New Jersey-based Healthbridge Management by granting an injunction to temporarily halt to Healthbridge Management’s June implementation of its “last, best and final offer.”

At issue is whether Healthbridge management and the union were, after 19 months of negotiations, at a lawful impasse when the company implemented its final offer in June.

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Federal Appeals Court Likely to Invalidate Obama’s Recess Appointments

President Barack Obama made headlines months ago when he installed controversial nominees to key government positions, bypassing the U.S. Senate by declaring the Senate in recess so that Senate confirmation was not needed. Today a federal appeals court signaled that it might rule Obama’s move unconstitutional, and remove those officials from power.

The U.S. Constitution says that Congress can by statute allow minor government players—“inferior officers”—to be appointed by the president, by Cabinet officers, or by the courts. But high-level administrative officials—called “principal officers”—must be nominated by the president, then confirmed by the U.S. Senate.

But the Senate isn’t always around; for part of each year, senators are back in their home states. So the Framers of the Constitution included the Recess Appointments Clause, allowing presidents to make temporary appointments during Senate recesses. Such appointments last until the end of the following calendar year, meaning appointments made in January 2012 last through December 2013.

Starting in December 2011, the U.S. Senate officially adjourned for only three days at a time—which the Constitution allows the Senate to do without going into recess—and did so specifically to prevent Obama from using his recess power. Democratic senators did this a few years ago to block George W. Bush from making recess appointments. Although it’s frustrating when the branches block each other, the reality is the Constitution allows it. And besides, this is just the political pushback to presidents using their recess power to get around the Senate in recent years.

But on Jan. 4, 2012, this president did something no president in American history ever attempted. Obama declared that the Senate was actually in recess because there were not enough senators physically present to do regular business, and thus that he had the constitutional power to make appointments unilaterally. He then appointed three members—a controlling majority—of the five-member National Labor Relations Board (NLRB), as well as the first director of the new Consumer Financial Protection Bureau.

Read more from this story HERE.