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The Justice Department today said president Obama's recess appointments to the National Labor Relations Board -- constitutional.
This comes after president can't presidential candidate that is Mitt Romney slammed the NLRB as union stooges joining me now Peter Schaumburg.
Labor relations board chairman and a top advisor to presidential candidate Mitt Romney so.
Peter let's start with these appointments in the Justice Department saying hey this is say okay it's constitutional.
I wanna show folks who these people are they got appointed chair -- block a Democrat.
Richard Dick Griffin also a Democrat also -- -- have a picture of -- Terri Flynn who's a Republican.
-- is currently do thinks.
Now it's not the right way at all you know BD DD opinion from the office of legal counsel that was released today.
Is inconsistent with a legal -- opinion back in 1993.
Is also inconsistent with President -- -- office of the solicitor general.
That represented Supreme Court two years ago that recess appointment could not be made during a recess which is three days are shorter.
OK so while the disagreement out -- -- -- this the right thing do or not.
I would show you Romney added talks about the NLRB as union stooges -- see that.
Prepared the National Labor Relations Board now stacked with -- -- stooges elected by the president access to a free enterprise like Boeing you can't build a factory.
And south Carolina's -- South Carolina.
It's a right to work state that is simply un American.
-- political payback of the worst kind it is wrong for America and is something that we'll stop under my administration.
We make of this -- you've advised him sure earlier on the same page with this pointed view will this help -- in south.
I I think it will.
The following complaints wasn't quite concern to everyone in South Carolina.
And when you think about it in a President Obama has -- has appointed relatively radical.
Pro union advocates of the National Labor Relations Board one of them the acting General Counsel filed a blow but -- the -- complaint.
The -- complaint -- really with all due respect to -- -- General Counsel would simply absurd.
It's sought to reverse many decades -- law it was inconsistent with Supreme Court precedent.
And it would have done a tremendous amount of damage to the economy -- in South Carolina in addition -- you know I've mentioned this before when I was in Canada.
I spoke to a number of representative some very large Canadian companies any number of -- them expressed concern.
About coming to the United States doing business in the United States as a result of the Boeing complaint.
You knew that had to happen all right let me ask you about something that's critically important here that's Bain Capital.
The company the Mitt Romney worked at private equity investor Mitt ran it for several years and now comes to light.
That when you're at the NLRB.
You've found that.
They broke some liberals and you were critical of the company what happened.
Well you know Jerry I I unfortunately I had not reviewed those decisions.
And it's difficult for me to comment on them I don't know what the facts -- are I don't know who had the burden of proof.
And I wish I could really respond to you.
But do you know it's not unusual.
Four -- -- company if you will to make a mistake.
You know labor laws is is too many people very esoteric.
Many times it doesn't make a lot of sense.
You really have to have extremely competent legal counsel but I I really can't comment on on on those two cases I wish I could.
Is why in the first place she might get it you might worsen the big company like Bain Capital because they would have the smarts to understand labor -- Well I didn't Indian -- one -- yet but you know Bain Bain Capital was in the in the business of acquiring companies.
They certainly had to be familiar.
With the labor laws in fact you don't let me add something else.
-- have done a good friend of mine happens to be you know in a law -- a partner in the law firm that represents Bain Capital.
And he said to me last week and -- there how how well being capital performs.
When it takes over a unionized company effect his expert expressed words to -- war.
That Mitt Romney really has a story to tell.
With regard to their performance in connection with -- -- companies.
Peter I've got one more question break here that really wanna ask what happens what should happen what the NLRB.
-- it I think -- -- a lot of people agree that something of a -- Right now what should happen.
Hot something has to change to has to be some kind of of reform.
Or some other procedure.
For deciding these issues I don't know precisely what they should be -- the board members should serve a fifteen year term or a life term or or whether or not all of this authorities should go to a federal employment -- the fact of the matter is that this prior board.
Has been were radically partisan.
It has poisoned the atmosphere for labor relations in the in the United States and it has to be addressed in some fair.
-- Alright Peter thank you for that appreciate your time tonight.
You're very welcome thank you.
Jobless claims were up today retail sales were down does this signaled the end of this little recovery.
I'll get reaction from our all star panel coming up next stay with Fox Business giving you.
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