Senate Confirms Five NLRB Appointments

The Senate has confirmed five members to the National Labor Relations Board. The new Board includes:

  • Democrat Mark Pearce (the chair the NLRB since 2011 and former lawyer representing unions in private practice)
  • Democrat Kent Hirozawa (Pearce’s chief counsel)
  • Democrat Nancy Schiffer (a long time union attorney, who has worked for AFL-CIO and UAW)
  • Republican Phil Miscimarra (labor attorney representing management and partner with Morgan Lewis)
  • Republican Harry Johnson (labor attorney representing management and partner with Arent Fox)

Sharon Block and Richard Griffin, the unlawful recess appointments, will step down. The Supreme Court has agreed to review Noel Canning v. NLRB, the CDW-supported challenge to the Block and Griffin appointments, and the Court is expected to issue a decision sometime in the first half of 2014. In the meantime, it remains uncertain as to whether any of Board’s decisions or rules in which Block, Griffin or Becker participated are valid.

The White House reportedly will nominate Griffin to the General Counsel position, though that has not happened yet.

Pearce will continue as chair and the new Board will likely begin issuing cases in the next few months and rules within the year.


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