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About Northwest labor press. (Portland , Ore.) 1987-current | View Entire Issue (Aug. 16, 2013)
NLRB at full strength for the first time in more than a decade WASHINGTON, D.C. — For the first time in more than a decade, the National Labor Relations Board (NLRB) has a full complement of five permanent board members confirmed by the U.S. Senate. The NLRB is an in- dependent agency that is tasked with conducting elections for labor union representation and protecting the rights of some 80 million workers. The five board members are De- mocrats Mark Gaston Pearce, Nancy Schiffer and Kent Hirozawa, and Re- publicans Phillip Miscimarra and Harry Johnson III. Pearce is the incumbent chair of the NLRB. He was sworn in as a board member on April 7, 2010, following his recess appointment, and was confirmed by the Senate on June 22, 2010, to a term ending on Aug. 27, 2013. He will be sworn in as chair later this month for a term ending Aug. 27, 2018. Schiffer was formerly deputy coun- sel for the AFL-CIO. She was sworn in Aug. 2, for a term ending Dec. 16, 2014. Hirozawa was chief counsel to Pearce at the NLRB. He was sworn in Aug. 5, 2013, for a term that expires on Aug. 27, 2016. Miscimarra and Johnson III are management-side labor attorneys. Miscimarra was sworn in Aug. 7, for a term that expires on Dec. 16, 2017. Johnson was sworn in Aug. 12, for a term ending Aug. 27, 2015. The confirmations were part of a deal struck in mid-July between Senate Republicans and Democrats, and Pres- ident Obama. Facing possible Demo- cratic changes in Senate rules to pre- vent filibusters of executive branch nominees, Senate Republicans agreed to end filibusters on seven positions, in- cluding the secretary of Labor, the ad- ministrator of the Environmental Pro- tection Agency, the chair of the Export-Import Bank, and the NLRB members. In exchange, Obama agreed to with- draw two of his nominees to the NLRB AUGUST 16, 2013 — Richard Griffin Jr. and Sharon Block. The two had been serving recess appointments since January 2012. Their appointments, however, set off a firestorm among the GOP, primarily because one of them, Griffin, is a for- mer attorney with the Operating Engi- neers. Since Obama took office, Republi- cans have made it clear they want to dismantle the NLRB. Sen. Lindsey Graham (R-S.C.) went as far as to say, “The NLRB as inoperable could be considered progress.” Shuttering the agency won’t happen with Democrats in control of the Sen- ate (they hold a 54 to 45 edge, with one independent who caucuses with them). But crippling it is possible. The NLRB requires three members to have a quorum and to conduct busi- ness. To meet that quorum, Obama has had to end-run GOP filibusters with re- cess appointments. A recess appoint- ment doesn’t require Senate confirma- tion. Shortly after the appointment of Griffin and Block, Republicans and the U.S. Chamber of Commerce joined a lawsuit brought against the NLRB by Noel Canning, a Yakima, Wash., can- ning and bottling company. Noel Can- ning sued to overturn an NLRB order that it broke the law by refusing to en- ter into a collective bargaining agree- ment with the Teamsters Union repre- senting its production employees. A federal appeals court in Washington, D.C. concluded that the NLRB’s deci- sion was legally supportable, but that it could not be enforced. The panel of judges held that the Obama recess ap- pointments were invalid and that, with- out them, the NLRB lacked the neces- sary quorum to conduct business. The Obama Administration has ap- pealed the decision to the U.S. Supreme Court, which will hear the case in October. The outcome could render invalid more than 1,000 cases the NLRB has ruled on under the re- cess appointees — which is just what Republicans want. (Editor’s Note: On Aug. 2, President Obama nominated Griffin to be general counsel of the NLRB, succeeding Lafe Solomon. Solomon was named acting general counsel by Obama on June 21, 2010. Solomon’s nomination to serve as general counsel was sent to the Sen- ate on Jan. 5, 2011.) NORTHWEST LABOR PRESS As unemployment remains stubbornly high, people con- tinue to watch their spending. But don’t be penny-wise and pound foolish. If and when you buy anything, look for union-made-in the-USA. It’s the patriotic thing to do. 3645 SOUTHEAST 32ND AVENUE, PORTLAND, OR 503-235-9444 PAGE 15
