The cable company is responding to its loss on Friday at the U.S. Court of Appeals in D.C.: Justices upheld the National Labor Relations Board’s authority to hold an administrative trial this month on charges that Cablevision resorted to intimidation, bribery and harassment to stop some of its workers in the Bronx from joining the Communications Workers of America (CWA) — part of a long-running series of disputes between the company and the union. But Cablevision now wants Supreme Court Chief Justice John Roberts — the Circuit Justice for D.C. — to stay the Appeals Court decision. Cablevision argued that the NLRB lacks a quorum. The company says that President Obama’s recess appointments were illegal because they were made while the Senate was on an intrasession break, not between sessions. Cablevision also says that an appointment can only be made to positions that open up during a recess.“The role of Congress is to ensure a balanced NLRB, and the Obama administration bypassed Congress in order to stack the NLRB in favor of Big Labor,” Cablevision says. The NLRB has said it will ask the Supreme Court to rule on lower court decisions challenging the recess appointments. But CWA believes that Cablevision just want to avoid dealing with New York-area workers who want to bargain collectively. “Every time someone else tells Cablevision ‘no,’ they have an answer: Hire another lawyer and start a new proceeding,” says Pete Sikora, the union’s New York State Legislative and Political Director. “Rather than continuing to spend more and more money on legal bills, Cablevision should simply settle this contract and be done with this.”
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