NRCA Issues Statement about President Obama’s Executive Action on Immigration

The following statement is attributable to William Good, executive vice president of the National Roofing Contractors Association:

For many years, NRCA has consistently supported immigration reform that increases border security, improves workplace enforcement without burdening employers, provides an avenue for workers to enter the U.S. legally when our economy needs them, and addresses the problem of the existing illegal workforce in a balanced manner. NRCA believes immigration reform that addresses all these components is needed to fix our broken immigration system, end illegal immigration, protect U.S. workers and meet the economic needs of employers in the 21st century.

NRCA believes that for immigration reform to be successful in meeting the needs of the roofing industry, it is imperative Congress be the deliberative body that addresses this issue. NRCA is disappointed the House did not take up immigration reform legislation in the 113th Congress and urges the new 114th Congress to move expeditiously on immigration reform measures in 2015.

NRCA also is disappointed President Obama decided to move forward with unilateral executive action which can, at best, provide only a temporary and partial solution to fixing our broken immigration system. NRCA is further concerned the president’s executive action could cause significant difficulties for employers with respect to employment eligibility verification compliance and will be reviewing the executive order to determine potential effects on employers.

NRCA urges Congress and the Obama administration to work together to pass immigration reform legislation that meets the needs of employers and workers in the roofing industry as soon as possible.

NRCA Applauds Supreme Court Ruling NLRB ‘Recess’ Appointments Were Unconstitutional

NRCA applauds the U.S. Supreme Court’s ruling that President Obama’s “recess” appointments to the National Labor Relations Board (NLRB) in 2012 were unconstitutional. The decision comes in response to litigation supported by NRCA and other employer groups that challenged the constitutionality of the appointments in court. In the case of NLRB v. Noel Canning, the court ruled unanimously that President Obama violated the Constitution’s Recess Appointment Clause when he made the recess appointments to the NLRB.

On Jan. 4, 2012, President Obama appointed three new members to the NLRB as recess appointments, bypassing the normal Senate confirmation process for president nominees to executive branch positions. The Constitution allows the president to make such appointments without a Senate vote of approval when Congress is in recess. However, Congress was in pro-forma session at the time of the appointments. In making the appointments, President Obama argued they were valid because Congress does little work during pro-forma sessions. However, the Supreme Court disagreed, ruling (9-0 on the judgment, 5-4 on the reasoning) that Constitution empowers the president to fill executive branch vacancies only during recesses of sufficient length, and affirmed that pro-forma sessions are valid sessions of Congress.

NRCA supported the litigation challenging the recess appointments because of concerns over the NLRB’s activist regulatory agenda that could adversely effects employers and workers. It is imperative NLRB appointments and appointments to other government agencies be subject to the normal Senate confirmation process whenever possible. NRCA represents union and open-shop contractors and supports policies that maintain an equitable balance in labor-management relations.

It is unclear what immediate impact this ruling will have on the NLRB’s operations and regulatory agenda. However, it likely calls into question the validity of past NLRB decisions that involved board members appointed via recess appointments, and such rulings could be overturned as a result. Additionally, the decision may significantly constrain the agency’s agenda moving forward given the legal confusion it will create concerning past recess appointments and related rulings.

NRCA is pleased with this major legal victory and will continue working to represent roofing industry employers from intrusive government regulation in the legislative, regulatory and legal arenas.