The New York-based cable operator on Monday petitioned Chief Justice John Roberts to stop the NLRB from holding an administrative trial regarding the Communications Workers of America’s contention that Cablevision illegally fired 22 workers who sought to join the union. Roberts on Tuesday declined Cablevision’s request without comment.
Cablevision said the Supreme Court’s ruling “does not address the merits of the case” and reiterated its position that the NLRB has no authority to act in the matter, citing prior decisions by the U.S. Court of Appeals for D.C. Circuit and the federal appeals court for the Third Circuit.
Cablevision alleges that the Obama Administration has “bypassed Congress in order to stack the NLRB in favor of Big Labor” with recess appointments to the labor board. The operator said it is “confident that the D.C. Circuit Court’s final ruling on our petition will put a stop to the NLRB’s evasion of the law.”
In a statement the CWA, which is not a party to the cable operator’s complaint on the NLRB, said, “Cablevision’s actions are clear evidence of why workers need a fully functional NLRB. It’s the only agency that can enforce federal labor law for 80 million workers.”
“The Senate minority and their U.S. Chamber of Commerce supporters don’t want a functional NLRB,” CWA prexy Larry Cohen said in a statement. “That’s why it’s up to the Senate majority, to change the rules if necessary, so that these and other nominations can have an up or down vote.”
The Supreme Court in its next term is skedded to hear a case regarding the ability of the president to make appointments without Senate approval.
According to the CWA, since 280 Cablevision workers voted to join the union’s Local 1109 last year, the company has engaged “in a war against workers who only want a union voice as federal labor law provides” and has intimidated Brooklyn technicians.