Recess Appointments Fill Vacant NLRB Seats
By Carrie Mount Roelle

Three of the five seats on the National Labor Relations Board (NLRB) have been vacant since January, 2008. Since that time, the two members of the NLRB, consisting of one Republican and one Democrat, have continued to issue decisions, but only on matters to which they could agree.

On March 27, 2010, President Obama filled two of the three Board vacancies with the recess appointments of Democratic nominations Craig Becker and Mark Pearce. The move allowed the White House to bypass the Senate Confirmation process, which promised to be extremely contentious, especially concerning the nomination of Becker. But, notably absent from the President’s appointments was Republican nominee Brian E. Hayes, which had been pending along with the nominations of Becker and Pearce.

Republicans and pro-business groups opposed both Pearce and Becker because of their anticipated pro-labor viewpoints. Prior to joining the NLRB, Becker was an associate general counsel to both the Service Employees International Union (SEIU) and AFL-CIO, where he outwardly supported the Employee Free Choice Act, or more commonly known, card check legislation. Prior to his appointment to the NLRB, Pearce was a partner at a New York law firm primarily representing unions and their members.

Due to the vacancies and leadership change in the White House, the NLRB has failed to issue any controversial decisions or reverse any Bush-era NLRB decisions. Now, with a 3-to-1 “pro-labor” majority, and with no particular timetable for action on Hayes’ nomination, expect the NLRB to make several employee-friendly rule changes and decisions, including reversal of the pro-employer decisions made during the Bush years. The good news is that the recess appointments will only last until Congress adjourns at the end of 2011, not the usual four year term for NLRB members. Buckle up and stay tuned!

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