The White House today signaled its intention to push the NLRB back to its full union-friendly 5-person membership. President Obama will propose the renomination of current Board Chairman Mark Gaston Pearce along with management attorneys Harry I. Johnston III, a partner with Arent Fox in Los Angeles, and Chicago attorney Philip A. Miscimarra, from Morgan Lewis & Bockius LLP.
Previously submitted nominations for current Board Members Richard F. Griffin, Jr. and Sharon Block, both of whom were recess appointments, are still pending with the Senate. You will recall that the D.C. Circuit recently determined in the Noel Canning decision that the recess appointments of Griffin and Block as well as former member Terence Flynn were unconstitutional. That issue is on its way to the U.S. Supreme Court for decision.