Today President Obama announced his intent to nominate current Chairman Mark Gaston Pearce and management-side labor and employment attorneys Harry I. Johnson, III and Philip A. Miscimarra to the National Labor Relations Board.
Mark Gaston Pearce has served as NLRB Chairman since August 2011 and as a Member of the NLRB since March 2010. Previously, Mr. Pearce was a founding partner of a union-side law firm in New York and worked as an attorney and district trial specialist for the NLRB in its Buffalo, New York, regional office. Chairman Pearce’s current term is scheduled to end on August 27, 2013.
Philip A. Miscimarra is a partner in the Labor and Employment Group of Morgan Lewis & Bockius LLP, a position he has held since 2005. Mr. Miscimarra previously worked at Seyfarth Shaw LLP as a partner from 1990 to 2005 and as an associate from 1987 to 1989. In June 2011, Mr. Miscimarra testified before a House panel, criticizing the NLRB’s issuance of a complaint against Boeing in an unfair labor practice proceeding involving the company’s decision to build a factory in South Carolina.
Harry I. Johnson, III is currently a partner in the Labor, Employment and OSHA practice group at Arent Fox LLP, a position he has held since 2010. Previously, Mr. Johnson worked at Jones Day as a partner from 2006 to 2010 and as an associate from 1994 to 2005.
Nominations for the five-member NLRB previously were submitted and are pending for Richard F. Griffin, Jr., and Sharon Block, who are currently serving as NLRB members under recess appointments. As we reported earlier, in a ruling issued January 25, 2013 in Noel Canning, the U.S. Court of Appeals for the D.C. Circuit held that the 2012 recess appointments of Members Griffin and Block were unconstitutional because they did not occur during an intersession recess of the Senate. President Obama renominated both Griffin and Block in February 2013. With today’s announcement, there will be five nominees to the NLRB, both Republicans and Democrats, awaiting Senate confirmation.