steve, you answer that. >> well, that's completely false, about the nlrb. and they are not able to-- >> and where are the-- >> they're not able to false management and labor and not able to bring in binding arbitration as the employee free choice act called for. there's zero correlation between strong economy, weak labor. when our economy was the biggest part of the world's economy in the 1950's was when we were at the peak of our unionization. >> 1950. today in germany, which is doing quite well economic dri, there's been workers have 50% of the representation on the board of directors. they call it co-determination and also, finally, in 2009. suppose we passed the employee free choice act. we would have had an increase in wages and that's when it matters, when you have an economic down turn and you don't have the drop off in consumer demands. >> i've got to let toby get in here. >> like on al gore side. and if this was so great. why would indiana have the first order of business to make a right to work state. the idea of right to work state. if you take t

the nlrb, a certain set.f commerce has been hammering on the nlrb and the republican primary and presidential primary field. mitt romney is running ads in south carolina against obama's handling of the nlrb. point here is this. the national labor relations board which was constituted by the wagner act, signed in the new deal, it is essentially the judicial body that oversees the enforcement and education of labor law disputes for private sector employees in this country. the nlrb has essentially -- was not functional for the first 14 months of the obama administration. it could not have a quorum. it had five people. it only had two. finally, they got it to three and when those appointments expired, it was back down to not being functional. the reason these three appointments happened was because the nlrb was not functioning. it would be as if the supreme court didn't have enough to rule on any cases. that was the case for 14 minutes. no one really knew about it and no one much cared except for the chamber of

but, former nlrb chairman did run our call and he cannot believe what he is hearing. you make of this? it is odd, bypassing congress and now meeting with the members of congress. >>guest: well, neil, it is a combination of tone deafness and arrogance. they were rubbing the senate republicans' nose in it. you were not given an opportunity to vet the candidates to determine whether they remain suitable for the office. whether they would serve impartially but you can ask them about the weather over a glass of wine. >>neil: so would any republican want to be there or do they feel they have no close? >>guest: well, they are in, in a sense, but litigation will commence and the issue will be, whether or not the recesses were constitutional and there is a good argument they were not. >>neil: you are an expert on to but if congress was not in recess, this is a big no-no and these guys were, in fact, not confirmed or brought to this position, so they have no position. but, continue. >>guest: well, that is correct, because what the republicans were doing was exactly what senator

upset about the nlrb. congressman darrell isso ccarges the president is helping unions because his board is making decisions that hurt corporate america. although a white house aide notes one of the picks is a republican. at the white house, ed henry, fox news. it took until january, but that bitter cold air is finally here. here. and i don't know about you, but i can't wait until it goes away. away. let's go to meteorologist emily gracey with your skywatch forecast. 33

can the republicans in congress do anything to the nlrb? >> there is a very good reason that the president put these people on the board without senate approval using the recess appointment powers and that's because they were very much in favor of unions. they were not impartial arbiters here, they are people very in favor of the unions. the republicans in congress are going to have to use their oversight power to say, wait a minute you're supposed to be impartial here, you're not impartial between business and unions, you're in the pockets ever the unions. think about the context of this. megyn, as you know a huge amount of the money that president obama and the democrats are going to need to win re-election comes from the coffers of unions. think i think all circles back to the union money. megyn: a lot of unions were upset with the denial of the keystone pipeline which is an issue, the president sided with the environmentalists over the unions. this seems to be a bone to the unions. before i let you go. how unusual is this? when you have

in practice, disabling the nlrb would mean that american workers would have nowhere to turn. thousands of american workers are fired every year for trying to organize a union in the workplace, their legal right, by the way. with the labor board out of commission, these workers might never get their jobs back. if an employer for a union refused add here to a contract, there would be in nlrb to resolve the dispute. the labor board also ensures that unions do not step outside the law in their interactions with workers or employers. those cases would be stuck in limbo, too. perhaps that's why a senior counsel for the national federation of independent businesses told congressional quarterly that -- quote -- "to have the board totally shut down would be a travesty." end quote. so the president averted this travesty by appropriately exercising his recess appointment authority. indeed shall the president showed restraint by only appointing nominees to agencies that would lose their ability to function due to republican obstruction. acting to ensure the continued smooth functioning o

now when this president does this, not only with cordray, but with the nlrb, which is something new and objectionable? >> that is exactly right that other presidents have used these appointments, but even more to the point, al, this has never happened in american history, where one party says no even to someone who, as susan collins and orrin hatch and mitch mcconned said is qualify. we're saying no, because we don't like the agency, we don't like the law. two years ago with 60-plus votes, the u.s. senate and the house of representatives with a majority passed consumer protection law, and wall street reform law that's the law of the land. you can't run a government if one party is going to say, we're not going to fill these jobs, because we don't like the agency, we don't like the food & drug administration or we don't like the department of interior, or we don't like how you're doing this, even though it's the law. the president stepped up not just for rich cordray and for the middle class and for consumers, but stepped up and filled out the nlrp today, including with a republican, bec

>> what i say is that they know that at this point, the nlrb did not even have a form to conduct thehey only had two appointees when they're supposed tor five. the president put two democrats and a republican so that the nlrb can do its basic business related to protective bargaining. there's always been traditional tension, but what the president did today was making sure that again, blocking appointments is not being used as a way of nullifying laws or keeping government from dealing with its core responsibleties. that's all we're doing. of course, the president would rather have republicans in the united states senate willing to work with him in a more cooperative way. he did this because there was no other way to ensure that our government was functioning as it's designed and that there was a form for the nlrb to do its basic business and he appointed republicans and democrats to make sure the nlrb can function as it should. >> clearly, a much more assertive president of the united states challenging the republicans in the senate. only just beginning between now and november. tha

all of theserecess appoteee will serve tough the end of 2013, republicans particularly upset abt the nlrba republican. athe white house, ed henry, fox news. it took until january, but that bitter colair is finally here. here. and i don't ow about you, but i can't itntil it goes away. away. let's go to meteorologist emy gracey with your skatch forecast. 33 he's one of the staae's top lawmakers, anhe's breaking the lawn soany ways. y flying ddwn e oad at over 100 withoua seatbelwas the least oone lietenant governor's problems. 3 inch sta twe lif anddeath theeamazing problem that kept this robbery victibreathing. 3 common sense says... you shouldn't speed.especially when you're the lt. governor driving a state issued vehic at 100 miles an hour. e litena governorf massachusetts is apologizing for crashing his state-issued vehicle.tim murray was going re than 100-miles-per-hour before he ran ofth road 3acin november. i can ttll you, i was not on the phone, i was not emaing, thati can ll you that. it's not omething i ordinarily do in car while driving...and you're going to have to take my word

and a former nlrb chairman knows what he speaks.d reach out to the national labor relations board and they declined to offer a statement but, hope springs eternal. what do you make of this? >>guest: i would not hope your press on that. it is tell. workers have a right to be left alone and a right no the be harassed during an organizing campaign. if a worker is given his or her employer their home phone or cell phone, it was the expectation that it wasn't going to be given to third parties but used by the employer for the purpose which it was intended. and in most instances that is to contact the employee under emergency situation. >>neil: can companies even be allowed to do it as it stands now? there must be some, even civil libertarians who would be predisposed must be aghast? >>guest: well, neil, i don't know of any federal or state law that specifically protects this kind of information but we should not need the law to tell us that is an invasion of privacy. it is common sense. >>neil: but also if you have an e-mail address tore

doing your job, that is a powerful message. [ applause ] >> and those two are only trumped by the nlrb coming in here and telling boeing that you cannot come to south carolina and create jobs and create all this wealth because you are a right to work state. that is just wrong. and when i'm the president of the united states you don't have to worry about seeing the justice department here messing in your business. >> mike: governor perry, thank you you very much. we will continue with governor perry, more questions right after the break. stay attention - americans living with limited mobility. what do you do when you can no longer get around like you used to? when you fear losing your independence? who do you call? call hoveround now, to see if you qualify for america's premier power chair. hi, i'm tom kruse, inventor and founder of hoveround. now you can do more, see more, enjoy life more. here's why hoveround makes it easier than any other power chair. hoveround is more maneuverable to get you through the tightest doors and hallways. more reliable. hoveround employees build your chair

doing your job, that is a powerful message. [ applause ] >> and those two are only trumped by the nlrb coming in here and telling boeing that you cannot come to south carolina and create jobs and create all this wealth because you are a right to work state. that is just wrong. and when i'm the president of the united states you don't have to worry about seeing the justice department here messing in your business. >> mike: governor perry, thank you you very much. we will continue with governor perry, more questions right after the break. after the break. stay i remember the day my doctor told me i have an irregular heartbeat, and that it put me at 5-times greater risk of a stroke. i was worried. i worried about my wife, and my family. bill has the mos common type of atrial fiillation, or afib. it's not caused by a heart valve problem. he was taking warfarin, but i've put him on pradaxa instead. in a clinical trial, pradaxa 150 mgs reduced stroke risk 35% more than warfarin without the need for regular blood tests. i sure was glad to hear that. pradaxa can cause serious, sometimes fatal,

it is really interesting that this nlrb issue is one of three.of our states -- i know nicky is here in the audience and we compete against each other. we are big believers in the tenth amendment. we fight for getting those jobs into our state and what have you. each of our states are under assault right now by this administration. we may be under assault. south carolina, they are actually at war with you. the idea that they would come in here with the justice department and take on your voter identification law and they would come here and take you to task and you are having to defend money to spend your sovereign right to have immigration laws in place because you are doing your job. that is a powerful -- those two are only trumped by the nlrb and coming in here and telling boeing you cannot come to south carolina and create jobs and create all of this wealth because you are right to work state. that is just wrong. when i am president of the united states you don't have to see anything about the justice department messing with your business. >>

and the fact that we have nlrb. arm of government for the unions is absurd. it is a product of not surprisingly fdr. and that era. it is not a question of privacy but question of property rights. unions don't own the company. and shareholders own the company. that information is their property and for government to come in through force and say i am sorry, you have to give it to someone else is absurd and a drain on the economy. >> john layfield. is this an anti-business idea? >> it is just pro union. they have fought over the power struggle gince the nra under the administration. nra was deemed unconstitutional because it was a growth and expansion of federal powers. 1946, five million people went on strike and crippling the economy and that's when the act came in and limitted radical people at the head of unions that created a biggest booms of the last century. it is a power grab by the unions and what they do. but it is also -- if you are negotiating against them. don't get out and negotiate. you are crippling business, too. >> to wayne's point. membership

doing your job, that is a powerful message. [ applause ] >> and those two are only trumped by the nlrbing in here and telling boeing that you cannot come to south carolina and create jobs and create all this wealth because you are a right to work state. that is just wrong. and when i'm the president of the united states you don't have to worry about seeing the justice department here messing in your business. >> mike: governor perry, thank you you very much. we will continue with governor perry, more questions right after the break. after the break. stayitit this new at&t 4g lte is fast. hey, two tickets just opened up on the 50. ...yup, about to go pick them up from will call. so 46 seconds ago. did you guys hear that chapman rolled his ankle? done. get out there. so 12 seconds ago. you guys know how to post videos to facebook? you guys know how to post videos to facebook? you guys hear, someone stole... ...stole the other team's mascot? [ tiger growling ] so 27 seconds ago. [ male announcer ] stay a step ahead with 4g lte. with speeds up to 10x faster than 3g. at&t. >> mike: welcome

these recess appointeee will serve through the end of 2013, republicans particularly upset about the nlrbicks is a republican. at the white house, ed henry, fox news. it took until january, but that bitter cold air is finally here. here. and i don't know about you, but i can't wait until it goes away. away. let's go to meteorologist emily gracey with your skywatch forecast. 33 he's one of the staae's top lawmakers, and he's breaking the law in so many ways. why flying ddwn the road at over 100 without a seatbelt was the least of one lietenant governor's problems. 3 3 inches stand between life and death. theeamazing problem that kept this robbery victim breathing. 3 common sense says... you shouldn't speed.especially when you're the lt. governor driving a state issued vehicle at 100 miles an hour. the lieutenant governor of massachusetts is apologizing for crashing his state-issued vehicle.tim murray was going more than 100-miles-per-hour before he ran off the road back in november. 3 i can ttll you, i was not on the phone, i was not emailing, that. i can tell you that. it's not something

doing your job, that is a powerful message. [ applause ] >> and those two are only trumped by the nlrbin here and telling boeing that you cannot come to south carolina and create jobs and create all this wealth because you are a right to work state. that is just wrong. and when i'm the president of the united states you don't have to worry about seeing the justice department here messing in your business. >> mike: governor perry, thank you you very much. we will continue with governor perry, more questions right after the break. stay with us from charleston. it's got 10 speeds, my friend. ♪ is it fast? it's got a lightning bolt on it, doesn't it? ♪ is it fast? i don't even know if it's street-legal. ♪ is it safe? oh, yeah. it's a volkswagen. [ male announcer ] the security of a jetta. one of nine volkswagen models named a 2012 iihs top safety pick. ♪ got you in a stranglehold, baby ♪ laces? really? slip-on's the way to go. more people do that, security would be like -- there's no charge for the bag. thanks. i know a quiet little place where we can get some work done. there's a three-pr

doing your job, that is a powerful message. [ applause ] >> and those two are only trumped by the nlrboming in here and telling boeing that you cannot come to south carolina and create jobs and create all this wealth because you are a right to work state. that is just wrong. and when i'm the president of the united states you don't have to worry about seeing the justice department here messing in your business. >> mike: governor perry, thank you you very much. we will continue with governor perry, more questions right after the break. after the break. stay i remember the day my doctor told me i have an irregular heartbeat, and that it put me at 5-times greater risk of a stroke. i was worried. i worried about my wife, and my family. bill has the mos common type of atrial fiillation, or afib. it's not caused by a heart valve problem. he was taking warfarin, but i've put him on pradaxa instead. in a clinical trial, pradaxa 150 mgs reduced stroke risk 35% more than warfarin without the need for regular blood tests. i sure was glad to hear that. pradaxa can cause serious, sometimes fatal, b

decision that comes out of the consumer financial protection bureau and every decision out of the nlrbis going to be one that is potentially not legal, and the unfortunate, and the mayhem caused for the business community, already not knowing what to expect is immense. >> there's no question, when the new agencies with the appointees, issue rules, they will be challenged in court. not by congress, but by the parties who are-- who claim they'll be hurt by them and they will have standing to sue. all right, we have to take one more break. when we come back, our hits and misses of the week. >> time now or hits and misses of the week. kim, first you. >> a state appointed panel in california became the latest to state the obvious. and a high speed rail project proposed by jerry brown from los angeles to san francisco is quote, not financially feasible and it's a 98 billion dollar boon dogle in a state that's broke. californians don't want it and it's a long-term money-- and they see it as a gift to the union and green interests. the good news the panels have advised the legislature it not i

decision that comes out of the consumer financial protection bureau and every decision out of the nlrb going to be one that is potentially not legal, and the unfortunate, and the mayhem caused for the business community, already not knowing what to expect is immense. >> there's no question, when the new agencies with the appointees, issue rules, they will be challenged in court. not by congress, but by the parties who are-- who claim they'll be hurt by them and they will have standing to sue. all right, we have to take one more break. when we come back, our hits when we come back, our hits and miss [ men grunting ] [ male announcer ] great things can come out of sat. ♪ so don't let odor stop you. gillette odor shield. turns odor into freshness. you walk into a conventional mattress store, it's really not about you. they say, "well, if you want a firm bed you can lie on one of those, if you want a soft bed you can lie on one of those." we provide the exact individualization that your body needs. welcome to the sleep number year-end closeout event. not just ordinary beds on sale, but the

>> arrogance of power, abuse of power, especially this nlrb.viewers know, made a judgment that boeing could not set up a factory in south carolina because of the fact that south carolina is a right to work state. one of the most disgraceful decisions in the history, outrageous. telling corporations where they can and cannot go in the united states of america and so the president's put these far, far left people appointed them, recess appointments which is an absolute abuse of power. another reason why the president of the united states should not serve another term and by the way, he said he would never do signing statements. we had some pretty tough detainee provisions in the national defense authorization bill. he did, guess what, a signing statement. you know, talk about flip-flopping. i mean, it's remarkable and it is disgraceful. >> that's the opinion of senator john mccain this morning. on a much lighter note, we have emeril legassi coming up, i've been smelling his food during this entire interview and i know you have a pretty good hand

look at what he tried to do it in south carolina with the nlrb. could not get things done like card check. so he tried to do administratively with three unelected people in the nlrb and try to stop blowing from coming to the west coast to south carolina. the obama-care legislation creates i do not know how many dozens and dozens of new agencies and programs. so what we have seeing is more spending, more government solutions. and so here we are 10 months away from an election, i think we will see him go to the middle to create common sense policies, because everybody knows we have to do it. we are broke. $15 trillion in debt. i have to say over the last decade, republicans have contributed to some of that debt in the early part of this decade. we have not want to turn the clock back. if we go from where we were when obama took office and to almost $5 trillion of additional debt in three years is unbelievable. it is more taxation, more regulation, more unionization. these of the things the president has promoted. it is the opposite of what you need

. -- appointment of members of the nlrb.he boeing company in seattle wanted to expand their business here in south carolina. you all know this. incredibly, incredibly, the nlrb prevented that from happening. where is boeing going to go? overseas. the next time you hear the president of the united states say he wants to create jobs in the united states of america, think what is that all about? it is disgraceful. he just appointed members while the senate is still in session. if that holds, and i do not think it will, it could be a terribly dangerous erosion of the constitutional authority of the responsibility of the united states senate. this young lady right there, please. >> thank you for being here, governor romney. i was doing a science project on germs. i was wondering, how many hands you say per day and how often the wash them? [laughter] [applause] >> that is a very important question. you will be happy to hear that i do wash my hands regularly so that as i shake your hand today, you do not have to worry about whether

constitution -- [ inaudible ] >> reporter: republican front runner mitt romney sharply criticized nlrboint in the a new ad. the national labor relations board stands with the stooges selected by the president says to free enterprise like boeing you can't build a factory in south carolina. because south carolina is a right to work state. that is simply un-american. >> reporter: with romney opposing installation of codray, the white house was quick to fire back. >> i find it a little rich that the former governor of massachusetts decided to take a position in both cases against the security and protection of working in the middle class americans. >> you heard jay carna lash out as pro forma session as a gimmick because the white house believes nothing happen and the senate is recess. the president can make appointments. but he did not mention that the senate was in pro forma session to pass the tax cut. >> bret: thank you. now a story that could effect the pocketbook of people all over the country. chief washington correspondent jim angle examines a huge dilemma involving your money. >>

look what he tried to do in south carolina with the nlrb. cannot get things done by pro union policies in the u.s. congress because you all had the sense to kill it, so he tried to do it administratively with three unelected people in china stop blowing from coming from the west coast of south carolina. the obamacare legislation creates i don't know how many dozens and dozens of new agencies and programs. what we have seen is more spending, more governments solutions. 10 months away from an election. of course, i think we will try to see this to the middle to creep common-sense policies. everybody knows we have to do it. we are broke. $15 trillion in debt. over the last decade, the republicans have contributed to some of that debt. we did not exactly want the clock back. if you go from where we were when obama took office thomas $5 trillion additional debt in three years is unbelievable. more taxation, more unionization. these are the things the president has promoted. it is the opposite of what any to do to encourage the contract and your t

. >> they're relying on a january 6 memo after the president named three new members to if nlrb and richardray to head the consumer national protection department. it reads in part -- >> some constitutional experts agree. >> someone showing up for 30 seconds, hit the gavel twice and they are gone. that is not a senate session where business could be done and nominees could be confirmed. >> there is another justice department memo on the topic getting plenty of attention. on april 26, 2010, then solicitor general now supreme court justice elena kagan acknowledged the president's recess appointment power but added, "the senate may act to foreclosure this option by declining to recess for more than two or three days at a time." exactly what senate republicans say they were doing. >> senate majority leader began using the pro forma senate session in an effort to block recess appointment by president bush is suggesting they will work for them this time around and president obama will win the legal fight over his recess appointment. in washington, shannon bream, fox news. >> bret: crews in alaska

this is a guy who's going to run the consumer financial protections bureau and three members of the nlrb, of course, we're all painfully aware of the ridiculousness of the nlrb's attempt to tell boeing who they could hire and run jobs out of this country. i mean, that was a big black eye for the obama administration. so that's a big, important distinction. also an important distinction you made, megyn s the way that president bush did respect the process and honor the process. and my colleague, simon, acknowledges that this is unprecedented. it goes back to the philosophy that a lot of liberal democrats have that this president is somehow, and as simon put it, a ceo. he's not the ceo. he's the president of the united states and is expected to have some degree of workmanship with the united states congress. and this is not a guy who respects the rules. i mean, this is a president who does it, like i said earlier, his way. and so when he, when he goes into these uncharted waters, again, to those of us who don't like what he's doing as president, it's not a big surprise he does not respect

republicans particularly upset about what that means for nlrb.essman darrell issa charging that the president is helping union because they may issue decisions hurting corporate america, though a white house aid noted one of the picks is a republican. >> bret: more on this with an expanded panel tonight. ed, thank you. president obama will speak to reporters tomorrow morning at the start of a defense budget briefing. pentagon officials tell fox news it is the first time any president has addressed the media in the pentagon briefing room. 2011 was a big year for detroit's big three auto makers. chrysler says its sales were up 26% last year. general motors is reporting a 13% increase. ford was up 11%. stocks today were mixed. the dow gained 21. the s&p 500 was up a quarter of a point. the nasdaq dropped a third. it would be a good bet that you do not know mitt romney's real first name. later in the grapevine. and up next, what the administration is not saying about peace talks with the taliban. urney across america, i've learned that when you ask s