"I find their action absolutely appalling," Johanns said. "Decisions by the NLRB are felt across the country. And it is not fair for the board to say to the court, go pound sand, which is exactly what they're telling this court."
Johanns was joined on the floor by Sens. Lamar AlexanderLamar AlexanderKey Republicans ask Trump to keep on NIH director McConnell tees up medical cures bill Speculation and starting points: accreditation, a new administration and a new Congress MORE (R-Tenn.) and John BarrassoJohn BarrassoGOP lawmaker outlines goal to repeal and replace ObamaCare Pressure builds on M ObamaCare funding case as others wait GOP unveils bill to block ObamaCare 'bailout' MORE (R-Wyo.), all of whom reiterated their call for Sharon Block and Richard Griffin to resign from the NLRB. Last week an appeals court invalided one of the NLRB's rulings after finding that those board members were improperly appointed by President Obama last year at a time when the Senate was not in recess.
NLRB Chairman Mark Pearce responded by indicating that the Obama administration would appeal the decision, and he said the NLRB "respectfully disagrees" with the outcome.
While an appeal could be heard by the Supreme Court, Johanns said there is no way to read the most recent ruling without realizing that the two board members must go. He also reiterated that all NLRB decisions made with Block and Griffin's involvement should be overturned.
"I personally believe that there is no doubt: If they are not lawfully there, if they're there violating the Constitution, then all of their rulings, all of their regulations, all of their actions as a board are illegal and void," he said.
Johanns has asked the Government Accountability Office to send him a list of every decision the NLRB has made since Block and Griffin joined.
Alexander spoke Tuesday on the Senate floor and made a similar call for the two board members to resign.