Retailers Applaud Supreme Court Decision on Unconstitutional NLRB Appointments

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Ruling underscores importance of precedent and the rule of law

Arlington , VA - 6/26/2014

The Retail Industry Leaders Association (RILA) released the following statement in response to the Supreme Court of the United States upholding the lower court ruling that invalidated the Administration's recess appointments to the National Labor Relations Board (NLRB).

"Retailers welcome the Supreme Court ruling today declaring the recess appointments, including those made to the NLRB, to be unconstitutional," said Bill Hughes, executive vice president of government affairs at RILA. "Harmful decisions made by NLRB have overturned decades of precedent, threatening the flexibility and advancement opportunities that retail employees cherish and the positive shopping experience that consumers demand. The Court's decision should send a strong message to the NLRB that the rule of law and precedent matter and must be followed."

Among the most harmful NLRB decisions, is a 2011 decision that created micro-unions. The decision redefines what the NLRB views as a proper bargaining unit allowing union organizers to gerrymander a workplace by cherry-picking small groups of employees within a larger workforce to form a micro-union.

The NLRB and its regional directors have already begun clearing the way for micro-unions including a unit made up of the women's shoe department at a New York Bergdorf Goodman store as well as maintenance employees at a Nestle-Dryer Ice Cream plant, and behind-the-counter employees at a DTG car rental location.

RILA is the trade association of the world's largest and most innovative retail companies. RILA members include more than 200 retailers, product manufacturers, and service suppliers, which together account for more than $1.5 trillion in annual sales, millions of American jobs and more than 100,000 stores, manufacturing facilities and distribution centers domestically and abroad.

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