President Obama Makes Two Nominations to the National Labor Relations Board

On December 14, 2011, President Obama announced two nominations to the National Labor Relations Board. Earlier this year, the Board's chair, Wilma Liebman, departed, and Craig Becker's recess appointment expires on December 31, 2011. These events will leave the Board with just two members as of January 1, 2012, which is one member short of the three member quorum that is needed to issue decisions or promulgate rules. As a result, President Obama has nominated two individuals to fill the Board's current, and upcoming, vacancies.

As with Former Chairwoman Liebman, Member Becker, and current Chairman Mark Pearce, at least one of President Obama's nominees has strong ties to organized labor. Specifically, nominee Richard Griffin is the current general counsel for the International Union of Operating Engineers. Mr. Griffin also has sat on the board of directors for the AFL-CIO Lawyers Coordinating Committee since 1994. The other nominee, Sharon Block, is the Deputy Assistant Secretary for Congressional Affairs at the U.S. Department of Labor. Both nominees served as attorneys with the National Labor Relations Board earlier in their careers.

Senate Republicans almost certainly will block both nominees by filibuster in the Senate, which will deprive the Board of a quorum for the near future, if not longer.

In addition, so that President Obama cannot appoint additional Board members as recess appointments (which do not require Senate confirmation), Senate Republicans also are stating that they will convene brief, pro forma sessions whenever Congress is away to prevent the Senate from going into a full recess.

These efforts likely will prevent the two nominees (or any other nominees, for that matter) from ever filling the vacancies on the Board until at least after the November 2012 elections. Without confirmed nominees, the National Labor Relations Board will be unable to issue decisions or promulgate rules as of January 1, 2012.