Wyatt Employment Law Report

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New NLRB Members Confirmed by the Senate

By Edwin S. Hopson

On July 30, 2013, the Senate voted to confirm the President’s recent nominations of Democrats Kent Hirozawa and Nancy Schiffer to be Members of the National Labor Relations Board.  Hirozawa is currently Chief Counsel to NLRB Chairman Pearce.  Schiffer was most recently Associate General Counsel of the AFL-CIO.  The Senate also confirmed the reappointment of Chairman Mark Pearce, also a Democrat.

The vote for confirmation as to Hirozawa and Schiffer was 54 to 44.  Pearce was confirmed by a vote of 59 to 38.

The nominations of Republicans Harry Johnson and Phillip Miscimarra to the NLRB were confirmed by “voice vote.”

Thus, for the first time in about 10 years, there is a five member Board in place as confirmed by the Senate.

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Senate Committee to Hold a Hearing on NLRB Nominees

By Edwin S. Hopson

On May 16, 2013, the full U.S. Senate Committee on Health, Education, Labor & Pensions will conduct a hearing on the pending nominations to be Members on the National Labor Relations Board.  Currently, there are five nominations pending for the five-member board. They are for:

●Curent Chairman Mark Pearce, for another term (his current term expires in August, 2013);

●Current Member, Richard Griffin, who is serving a recess appointment;

●Current Member, Sharon Block, who is also serving a recess appointment;

●Harry Johnson, a recent nominee who is a Republican; and

●Phillip Miscimarra, a recent nominee who is also a Republican. 

Griffin and Block’s recess appointments have been under fire after the D.C. Circuit Court of Appeals ruled in Noel Canning v. NLRB in January 2013 that they were invalid.