On April 9, 2013, President Obama announced the nomination of three individuals to the National Labor Relations Board (NLRB). The nominees are current NLRB Chair Mark Pearce (D), Harry Johnson (R) and Philip Miscimarra (R).
Mr. Pearce, a former union lawyer, is the only Senate-confirmed member of the NLRB. His current term expires August 27, 2013. Mr. Johnson and Mr. Miscimarra are management-side labor lawyers.
The three nominees join previously nominated board members Richard Griffin (D) and Sharon Block (D), who currently serve on the NLRB under “recess appointments” made in January 2012. Mr. Griffin is a former union-side lawyer. Ms. Block is a former staff member for the late Senator Edward Kennedy and was an official under former Secretary of Labor Hilda Solis.
The recess appointments of Mr. Griffin and Ms. Block (and former member Terrence Flynn) were recently ruled unconstitutional and invalid by the District of Columbia Court of Appeals in Noel Canning v. NLRB. This ruling places in doubt the validity of hundreds of NLRB decisions issued since January 2012 in which the recess appointees participated. The Noel Canning decision will likely be appealed to the United States Supreme Court in the next few weeks.
The five nominees are subject to confirmation by the United States Senate. Senate Republicans will likely oppose a “package” confirmation of all of the nominees as sought by the President, especially if the two recess appointees are part of the package.
Read the full press release here.