NLRB Confirmations Announced

The U.S. Senate has confirmed five members to the National Labor Relations Board. The new Board includes:

• Mark Pearce (chair of the NLRB since 2011 and former lawyer representing unions in private practice);
• Kent Hirozawa (Pearce’s chief counsel);
• Nancy Schiffer (a long time union attorney, who has worked for AFL-CIO and UAW);
• Phil Miscimarra (labor attorney representing management); and
• Harry Johnson (labor attorney representing management).

Sharon Block and Richard Griffin, the unlawful recess appointments, will step down. The Supreme Court has agreed to review Noel Canning v. NLRB, the CDW supported challenge to the Block and Griffin appointments, and it is expected the Court will issue a decision sometime in the first half of 2014. In the meantime, it remains uncertain as to whether any of Board’s decisions or rules in which Block, Griffin or Becker participated are valid.

The White House reportedly will nominate Griffin to the General Counsel position, though that has not happened yet. Pearce will continue as chair and the new Board will likely begin issuing cases in the next few months and rules within the year.

Many expect Pearce, Hirozawa and Schiffer will use their majority on the Board to continue with the radical agenda we have seen over the last four years. This likely means a new Ambush Election rule, release of the Roundy’s case and intrusion of micro unions into new industries. In addition, the Department of Labor, now with a newly confirmed Secretary, Tom Perez, is expected to release the Persuader rule sometime in the next year.

We will keep you up to date on new cases and rules as they occur and will continue our fight against anti-worker and anti-business initiatives coming out of the NLRB.