NLRB ratifies some actions taken with recess appointees

August 05, 2014 0 COMMENTS

The National Labor Relations Board (NLRB) has announced that it has ratified some of the actions it took while it was made up of mostly recess appointees who have since been judged to be invalid. However, the ratification likely won’t have any effect on the cases decided during that time, according to John P. Hasman, a partner in the St. Louis office of Armstrong Teasdale.

In a statement released August 4, the Board said that on July 18, it unanimously ratified all administrative, personnel, and procurement actions it took while it was operating with the recess appointees—January 4, 2012, to August 5, 2013.

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Senate vote puts NLRB at full strength

July 31, 2013 0 COMMENTS

The U.S. Senate’s July 30 vote to confirm nominees for all five seats of the National Labor Relations Board (NLRB) means the Board will have a full slate of confirmed members for the first time in more than a decade.

Republicans Harry I. Johnson III and Philip A. Miscimarra and Democrats Kent Hirozawa and Nancy Schiffer were confirmed for first-time membership on the Board. The Senate also voted to confirm current Board Chairman Mark Gaston Pearce for a second term. His first term expires on August 27.

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Potential deal in works to fill NLRB seats

July 17, 2013 0 COMMENTS

by Tammy Binford

With the clock ticking on the term of the only confirmed member of the National Labor Relations Board (NLRB), reports are circulating that President Barack Obama will send two new nominees to the Senate and abandon his two previous appointees, who face opposition because of their disputed recess appointment status.

On July 16, news organizations reported that Obama plans to nominate Nancy Schiffer, former associate general counsel of the AFL-CIO, and Kent Hirozawa, chief counsel to NLRB Chairman Mark Gaston Pearce, the only current member who has been confirmed by the Senate. Pearce’s term expires on August 27, but he has been nominated for a new term.

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High court agrees to hear NLRB recess appointments case

June 24, 2013 0 COMMENTS

The U.S. Supreme Court has agreed to hear an appeal in Noel Canning v. NLRB.

In the Noel Canning case, the U.S. Court of Appeals for the District of Columbia Circuit ruled that three of President Barack Obama’s so-called recess appointments to the National Labor Relations Board (NLRB) were unconstitutional. Without the three appointees, the Board lacked a necessary quorum to act. Thus, the D.C. Circuit’s ruling raised questions about the validity of hundreds of NLRB actions, including union-friendly decisions on social media, confidentiality rules, and off-duty employees’ access to workplaces.

The U.S. Constitution provides that the Senate must consent to the president’s nominees to federal agencies. The Constitution gives the president the authority to fill vacancies that “may happen” during the Senate’s recess that “shall expire at the end of the next session.”

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NLRB nominees face opposition during Senate committee hearing

May 17, 2013 0 COMMENTS

On May 16, President Barack Obama’s nominees to the National Labor Relations Board (NLRB) went before the Senate Health, Education, Labor and Pensions Committee, and the two nominees who were selected as recess appointees in 2012 failed to impress the committee’s ranking member, Senator Lamar Alexander.

Alexander (R-Tennessee) said he would oppose the nominations of Democrats Sharon Block and Richard Griffin because “they continued to decide cases after the federal appellate court unanimously decided they were unconstitutionally appointed.”

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