Call to cut pay to 'unconstitutional' NLRB picks

This is a rush transcript from "Your World," January 30, 2013. This copy may not be in its final form and may be updated.

ERIC BOLLING, GUEST HOST: Well, if the president is not going to cut them loose, then my next guest wants to cut them off.

A judge ruling President Obama's Labor Board picks are unconstitutional, but yet they are still being paid on the taxpayers' dime.

Now, Missouri Republican Senator Roy Blunt is looking to change all that.

Thank you for joining us, sir.

We talked about this a little bit yesterday and people were very interested in this. So, the recess appointments were deemed unconstitutional, but these gentlemen are still being paid. You want to say what, sir?

SEN. ROY BLUNT - R - MO: Well, not only are they still being paid. They are still basically saying we're open for business. We're ready to do our work.

The president, first of all, decides that -- he can decide whether the Congress is in session or not, whether the Senate has to confirm the appointments that the law says they have to confirm. And then his appointees say, well, that is the only the opinion of the three federal judges.

We're still going to keep doing whatever it is we have been doing. There are at least 200 cases out there, Eric, that these three judges -- or these three commissioners, these three board members decided on that I think are now probably null and void.

Certainly, the one case that was appealed was found to have to be repealed. And I think all their cases are going to have to be. And so our legislation would say, stop paying these guys, and stop providing any resources for them to move forward with other actions. They are not legally in these jobs. And they ought to cease and desist.

BOLLING: Senator, can we just talk about how important that NLRB board really is?

Tell us why we should worry whether or not -- how they decide on some of these cases that go up in front of them. By the way, there are five seats available. Only three are filled and all three are filled by Obama appointees, right?

BLUNT: And two of the three are filled by these appointments that are the sort of midnight appointments or the appointments when the Senate says, it is meeting specifically so the president can't do this sort of thing.

And the president does it. The National Labor Relations Board, this group, this group of people have promulgated 200 different rules, everything from you can have micro-unions to all kinds of posting regulations to things that were not the law before , were not in regulation before.

This group on their own has done that. And, again, one of these rules was appealed. The court says that one wouldn't legally happen. I think, Eric, that means all 200 of the rulings that this group has made didn't happen.


BLUNT: And they are affecting how people do business in the country and their labor relationships every single day.

BOLLING: Senator, take a listen. Yesterday, I spoke to a gentleman named Mark Hannah. He was a former President Obama campaign aide. And we were talking about this. But he pointed something out. Just listen to this sound bite first.


BOLLING: The reason why it matters, Mark, is that the next time President Obama wants to appoint someone in recess, he does it through the proper channels.

MARK HANNAH, DEMOCRATIC STRATEGIST: No. This is what he has done for the past five years. This is what President Bush did for eight years before him.

BOLLING: It doesn't make it right.


BOLLING: Yes, well, I -- you know what I did. I sit next to Dana Perino every day on "The Five."

And I leaned over and I said, hey, Dana, I had a guy on who claimed that President Bush did recess appointments the same fashion. And she said, no, let me look into it. She looked into it. In fact sir, President Bush had recess appointments, but it was always when the Senate was gaveled out. It was agreed upon in the Senate that you were actually -- you were not in session.

BLUNT: Well, that is right.

And on one of those appointments, as I remember it, Senator Harry Reid, the majority leader, was so offended by the fact that the appointment was made that that is when he began this process of not officially going out of session for a period of time that would allow the president to make an appointment.

And President Bush never challenged that, never said I'm the one that can decide whether the Senate is in session or not, not the Senate. That is the fundamental balance of powers question here, who gets to decide if the Senate is in session or not, who gets to decide whether the Constitution applies.

Well, we should get to the decide if the Senate is in session and the courts should decide if the Constitution applies, and they have said it does.

BOLLING: Senator Roy Blunt, we're going to leave it there.

But, by the way, that -- the three judges who ruled, they ruled unanimously that was not constitutional.

BLUNT: Right.

BOLLING: So I'm going to leave it there. Thank you very much.

BLUNT: Thank you.

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