President Barack Obama has selected two nominees to replace prior recess appointees on the National Labor Relations Board as part of a deal with Republican Senators. The deal could potentially lead to the Board having all five Board Member positions filled for the first time in years.
As we previously reported, on January 25, 2013,
the United States Court of Appeals for the District of Columbia
Circuit held that three of President Obama's "recess
appointments" to the Board were unconstitutional. In
February of 2013, President Obama re-nominated recess appointees
Richard F. Griffin Jr. and Sharon Block to the Board. Republican
lawmakers opposed confirmation votes on their nominations, as well
as the nominations of several other non-Board appointees. As part
of a deal to allow votes on the non-Board appointees, President
Obama agreed to drop the nominations of Griffin and Block.
In their place, President Obama nominated Nancy Schiffer and Kent
Hirozawa. The background of both nominees suggests that they will
not break from the Board's recent pro-union tendencies.
Schiffer was associate general counsel at the AFL-CIO and before
that worked as deputy general counsel to the United Auto Workers.
Hirozawa is currently chief counsel to Board Chairman Mark Gaston
Pearce. Previously, Hirozawa represented unions and employees in
private practice, and served as a field attorney for the
Board.
The Senate is expected to act quickly on their nominations, with a
committee hearing and vote said to occur just a week after the
nominations were announced.
In addition to Schiffer and Hirozawa, President Obama had
previously re-nominated Chairman Pearce and had selected Republican
nominees Philip A. Miscimarra and Harry I. Johnson III to serve on
the Board. If all of the current nominations – Pearce,
Schiffer, Hirozawa, Miscimarra, and Johnson – are confirmed,
the Board will have a full compliment of members that is expected
to have a three to two pro-union split.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
