a lot of people think that the nlrb is just there for the workers. not so. it's there to help employers, too. for example, employers can turn to the board for relief if a union commences a wildcat strike or refuses to bargain in good faith during negotiations. the nlrb has a long history of helping businesses resolve disputes efficiently by preventing or resolving labor disputes that could disrupt our economy, the work the board does is vital to every worker and every business across the nation. that's why it's so important we maintain a fully functional five-member nlrb. i'm proud of the fact just over a year ago we were able to confirm members to completely fill the bird for the first time in over a decade. now we need to fill a soon-to-be open seat so the board can continue to function effectively. and that's what this vote is all about coming up. it's unfortunate some of my friends on the other side of the aisle don't believe in the national labor relations act. not all of them, but a very vocal minority, i would say. they don't agree it should be the po

and he made appointments to the nlrb. and 9- 0 decision the supreme court said the president over stepped his powers and a 5- 4 majority said the president overstepped it under the affordable care act. and four justices voted against the president on the affordable care act. and the question will be the law will give subsidies for people with health care coverage and only go to people in states that set up the state health care exchanges. they didn't set up the marketplaces and now the federal government decided that the treasury department said these people are even though the law says differently they can get the subsidies, too. the supreme court chief justice roberts and others voting to support obama care in the initial case may say that the law said what the law said and it only goes to states that set up the health care exchanges. >> the chief justice and others are increasingly skeptical with the way the president used the executive authority. karl rove good to have you on. >> and an american killed in egypt and we

it was thought that the nlrb would issue a ruling because one of the five members of the board, nancychiffer's term was expiring on december 16. there was a thought that a decision would be made by them. there's still decisions trickling out. it's still possible that we'll see something but it's also possible that with a new composition of the board that they will do with the because the perception of this case will continue to be appealed and litigated through the various procedures within the nlrb and potentially into the court. >> host: as part of our big ten series we had a chance to talk with university of iowa president sally mason, asked her about the concept of unionizing student athletes something she supposed to. here's why. >> well, i would hate to see that. i really do our student athletes and students first. our student athletes are performed well above not only the school average when it comes to graduation and gpa but also well above the national average. they take their studies and their academic pc or very, very seriously. amateur athletics i think needs to stay amate

and that's under the nlrb. >> we're going to have to leave it here.ut i think this is big-time overreach, and it is good to see you again, phil, talk to you again soon. >>> hey, guys, angry with the media, or someone else like himself? here's a question for you: when electricity is generated with natural gas instead of today's most used source, how much are co2 emissions reduced? up to 30%? 45%? 60%? the answer is... up to 60% less. and that's a big reason why the u.s. is a world leader in reducing co2 emissions. take the energy quiz -- round 2. energy lives here. nobody's hurt,but there will you totstill be pain.new car. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do, drive three-quarters of a car? now if you had a liberty mutual new car replacement, you'd get your whole car back. i guess they don't want you driving around on three wheels. smart. new car replacement is just one of the features that come standard with a base liberty mutual policy. and for drivers wi

the nlrb however took a different view of it and in the regional director's decision, it's a person who performs severies for another under a contract of hire subject to the other's control or right of control and in return for payment. and in a lot of people's minds that's exactly what is going on in college athletics. that there's a contract of hire and that's the national letter of intent and they're compensated and athletic scholarship is worth tens of thousands of dollars. u "usa today" we looked at what potential value of a men's basketball scholarship is. if you look at the value everything that's part of that the coaching. if you were to go out and get that on your own, other benefits that athletes get along the way and that was without putting a dollar value on the exposure. we found it to be around $125,000 a year. so i mean, there is compensation. now that could be used as an argument back in the other direction. hey, look at all the benefits that the athletes are getting. that is a pretty equitable system. so i mean again, this goes back and forth about this. but there's no

what is it that nlrb is doing that could affect you as a franchise owner?> my gut it is driven by unions and they're trying to create a joint employer situation with franchisors and franchisees. it could destroy the model of franchise business where all the franchisees have liberty to hire, fire and train and deal with employees. if you get us into the mix it will not be a good situation. >> adam, do you feel like weight is against you, scales of justice are supposed to be equal but do you sometimes somebody is pushing a finger on one side of the scale? >> i hear lot of people talking about what business owners need. here we are business owners telling you what we need. we need certainty. the election really changed landscape. i'm hopeful wash on both sides could get together and have a get tax reform done and it would be a good boost to the economy. david: laura, i was surprised to hear you say you're still stuck in a type after recession. why is that. >> the jobs data report is positive and anytime jobs are created is something to be celebrated but since

or nlrb or so on because you can get your people in. and i always kind of figured that whoever won the election should be given great latitude on putting in their people and so on. but in some cases, where you have this administration putting in activists and people who are really far to the left, a 60-vote threshold would have stopped that and stopped a bunch of nominees in the last couple of days. interesting, you mentioned robert byrd. he and i both testified before the rules committee against changing the threshold from 60 to a majority. a whole bunch of new democrat senators who have been in the senate for a year or two or three, oh, we have to change these rules. and i thought, you don't understand the institution. and frankly having 60 makes the senate be more bipartisan. if you have 51, you have majority, you can railroad anybody you want. you have to have 60, very seldom does either side have 60. democrats had it for about a year. that's all. and that's about it for -- you'd have to go way back. l.b.j. time before anybody had o

nlrb, epa or any of those.if you are president and your old liberal left and so you want to appoint somebody -- old straw liberal left -- someone who happened to be on organized labor's payroll for the last 20 years and so on, you probably couldn't get into it republican senate or even, even if the democrats controlled with 55 or something, probably couldn't. so you have to get somebody a little more mainstream. but hey, if you've got 51, full speed ahead. you can put in some really radical on the epa or nlrb because you can future people into i always kind of figured that whoever won the election should be given great latitude on putting in the people and so on, but in some cases where you have this administration put in activists and people who are really far to the left, you know, a 60-vote threshold would've stopped that and it would've stopped a bunch of nominees in the last couple of days. so i think, and interesting, you mentioned robert byrd. he and i both testified before the rules committee against ch

the university appealed to the national labor relations board as a whole, it was thought that the nlrb would issue a ruling because one of the five members of the board, nancy scheffer's term was expiring on december 16. there was a thought a decision would be made by then. there's still decisions trickling out with an issued date of december 16 so it's still possible we'll see something, but it's also possible that with the new composition of the board that they'll deal with it because the perception of it is that this case will continue to be appealed and litigated through the various procedures within the nlrb and potentially into the court. host: as part of our big 10 series we talked with the university of iowa president sally mason, with unionizing athletes, something she's opposed to, and here's why. >> i would say to see that. i really view our student athletes as students first. our student athletes perform not only well above the school average when it comes to graduation and gpa, but also well above the national average. they take their studies and their academic piece here

november late november 2012 the nlrb went after 291 mcdonald's restaurants. gotten rid of 86 of these things. they dismissed them. if you look at these protests vastly they're not mcdonald's workers. this is an organized campaign, big money from the outside, and their goal is to ultimately force mcdonald's to unionize these jobs. here's the thing these franchise workers, 10% of our entire workforce, we start to turn that business model upside down we stop a lot of people from becoming authentic small businesses and we hurt a lot of individuals' employment. i think it is dangerous. >> it sends a bad message and deep pockets obviously mcdonald's has deep pockets so they're not only getting in the door but going after deep pocket. >> these individual franchisees foot their own legal bills for this. >> they sign the dotted line put up personal guarantees, their families lives, everything invested in that business. >> several districts they begin march of next year. >> don't miss making money with charles payne on the fox business network. he brings some of that e

probably the nlrb is gone. but what is interesting, i mean -- labor is almost gone even without the constitutional -- i mean union rates in the workforce are at almost a -- are at a 40 or 50 year low without constitutional change. your claim about cartels in that context is overstated. lots of these agricultural price regulations i think would be gone. i am certainly not here to defend the wisdom of the agricultural policy, although i will defend the constitutionality of those things. and interestingly, and i guess it was a question. i will make an assertion. i am not sure, richard, that you would say that major programs like medicare and social security, the kind of tax-and-spend programs, are those still ok? those are not typically justified under the commerce power. >> but they do not meet the taxing standard i set out. >> ok. i think that some people that subscribe to your views on the commerce clause would save medicare and social security under the tax-and-spend power. >> yes, but let me answer this in th

his nlrb recess appointments, on individuals that he couldn't get through the senate, that were actually defeated in the senate, were not going to be confirmed, so he did a recess appointment. in this case the courts said, whoa, you exceeded your authority. then he came back was able to get him in because senator reid changed the rules of the senate. wow. i think there is a constitutional crisis in the fact that the president is really disregarding the constitution as it's written. and is trying to implement his policies as if he is a czar or a king. and there's a real reason why our forefathers had the wisdom to separate the powers and to have a balance of powers, to have the checks and balances. and what happened after president obama was elected, he ended up getting 59 votes in the senate and then 60. and all of a sudden he could get almost anything through. and i almost think, god bless him, but senator byrd was one of the champion notice senate who would defend the legislative -- champion in the senate who would defend the legislative powers or the balance of powers and it was in hi

people employment unions, they get all the rules they want from the nlrb and the govment they get all -- they get their help. you know who doesn't? the ups struckers, the plumbers, pipe fitters, construction workers. and all these elites that are going around begging for more government spending, they're going to get their way in this bill from this administration. and middle-class americans that are working as hard as they ever had, they get stuck with the tax bill to pay for it. we can't keep doing this. if we keep doing this, we are going to lose the american dream. we are going to lose what makes us different, we're going to lose what makes us special. but i believe it with all my heart that if we can turn the page on these policies, not only can we save the american dream, but we can have another american century. to do that i think there are three key things we have to do. i wish more of this was reflected in the bill before us. the first thing we need is we need better jobs, jobs that don't just pay more -- that's important -- but jobs that provide enough flexibility as well, s

his nlrb recess appointments, on individuals that he couldn't get through the senate, that were actually defeated in the senate, were not going to be confirmed, so he did a recess appointment. in this case the courts said, whoa, you exceeded your authority. then he came back, was able to get him in because senator reid changed the rules of the senate. wow. i think there is a constitutional crisis in the fact that the president is really disregarding the constitution as it's written. and is trying to implement his policies as if he is a czar or a king. and there's a real reason why our forefathers had the wisdom to separate the powers and to have a balance of powers, to have the checks and balances. and what happened after president obama was elected, he ended up getting 59 votes in the senate and then 60. and all of a sudden he could get almost anything through. and i almost think, god bless him, but senator byrd was one of the champion notice senate who would defend the legislative -- champion in the senate who would defend the legislative powers or the balance of powers and it was in h

harry reid ended up getting all nominations, nlrb or of those, if you're president and you are liberal left, so you want the nlrbt somebody in that happens to be on the payroll forbor's the last 20 years, you know, you probably couldn't bet him senate orrepublican even if the democrats controlled with 55 or something, probably couldn't. so you're going to have to get somebody more mainstream. got 51, full speed ahead. so you can put in somebody the e.p.a. or so on, because you can get your people in. figured that who ever won the election should be given great latitude on putting and so on.ople but in some cases where you have this administration put aretivists and people who really far to the left, you a 60 vote threshold would have stopped that and it would stopped a bunch of nominees in the past couple days. mentioned robert byrd, he and i both testified before the against changing the threshold from 60 to a majority. of newhole bunch democrat senators who have been in the smalt for a year or two oh, we got to change these rules. and i thought you don't understand the institution, a

as it happens, a finding of that same nlrb hearing is likely a significant step in radically changing further how college athletes in our society are regarded. the regional director ruled that football players at northwestern are, in fact, employees of the school and have the right to form a union. the ruling is currently being appealed by northwestern, but the battle lines have been drawn. what is a student athlete? and how should he or she be treated in regard to compensation and rights? here this afternoon to try and answer those questions, or at least shed some light on some of the issues a distinguished panel. we start with cholesterristine , a columnist for "usa today," a commentator for cnn and national public radio. len elmore is a sportscaster for cbs and espn, a former professional basketball player, and a lawyer. he is president of the national basketball retired players association and a member of the knight commission on intercollegiate sports. lisa love is the former director of athletics at arizona state university. in 2005 she was inducted into the american volleyball

lost today and the united states, most laws are not being made by congress but by the nlrb, sec, icc, aaa, tba, fcc, the office of reduction management. the other leading executive agencies, how well lawyers know this to be the case, to keep up with contemporary law. how plainly it is reflected in the enormous growth of the executive branch of government no longer simply executive the legislative and judicial. in comparison with that, indeed, indeed, most of the important laws passed by congress have been laws to give up more of its sovereign powers to one or another agency largely outside of its control. the perfect description of the affordable care act. let's not have any more. over to you. what is distinctive which is now widely perceived and talked about is that he did not reduce this to the decay of the nondelegation doctrine by the supreme court or the decay of the breakdown of separation of powers. it is happening everywhere, not just the united states. i'll give you one more quote congress has led me to policy decisions by default to the unchecked will of the executive and bu