As we previously reported, President Barack Obama recently nominated Nancy Schiffer and Kent Hirozawa to replace prior recess appointees on the National Labor Relations Board as part of a deal with Senate Republicans, and the Senate Committee on Health, Education, Labor, and Pensions approved sending their nominations to the full Senate.
The Senate has now confirmed the nominations of Schiffer and Hirozawa, as well as Board Chairman Mark Gaston Pearce and Republicans Philip A. Miscimarra and Harry I. Johnson III. As a result, the Board will have a full complement of five members for the first time in years.
The Board is expected to have a three to two pro-union split, and, accordingly, employers can assume that the Board will continue its recent pro-union tendencies. Importantly, the confirmation of President Obama’s nominees should not impact the Noel Canning decision, which potentially invalidated the Board’s decisions dating back to January of 2012, many of which were controversial and heavily pro-union. The Board’s appeal of that decision is currently before the Supreme Court.