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Agency is fully functional for first time in a decade Senate OKs former union counsel Griffin to top NLRB post WASHINGTON, D.C. — The U.S. Senate on Oct. 29 confirmed former In- ternational Union of Operating Engi- neers attorney Richard Griffin as gen- eral counsel to the National Labor Relations Board (NLRB). It gives the NLRB its first full complement of con- firmed political appointees in over 10 years. Griffin was sworn in Nov. 4. The NLRB is a little-known agency that administers the National Labor Re- lations Act. It has two parts: The Office of the General Counsel conducts work- place union elections and investigates and prosecutes unfair labor practice charges; and the five-member board it- self functions as a kind of “Supreme Court” of labor law. In recent decades, the board compo- nent has swung back and forth, ex- panding or restricting workers’ union rights depending on who’s in the White House. By law, the president fills three of the five board seats with individuals from his political party. Democratic presidents have appointed pro-labor majorities, while Republicans have ap- pointed pro-management majorities. For the last five years, anti-union Senate Republicans — asserting that the nominees were too pro-union — have used the silent filibuster to block virtually every nominee put forth by Gay workplace rights bill passes in the U.S. Senate WASHINGTON, D.C. — The Em- ployment Non-Discrimination Act (ENDA) passed the Senate Nov. 7, with 64 senators voting in favor. The bill makes it illegal for employ- ers to discriminate against workers based on their sexual orientation or gender identity. The bill contains an exemption for religious organizations. Currently, 29 states allow workers to be fired for being gay and 33 states allow workers to be fired for being transgender. ENDA was first introduced 20 years ago, but this is the first time it has been successful in the Senate. A simi- lar bill passed the House in 2007. Sen. Jeff Merkley (D-Ore.) was the lead sponsor of the bill that advanced Nov. 7. Senate Democrats were joined by 10 Republicans and two independent lawmakers supporting the bill. “Let the bells of freedom ring,” Sen. Merkley said. “Deeply embedded in the constitution are notions of freedom and liberty, and discrimination is the an- tithesis of those founding values. Every- one should have the right to work hard and earn a living. No one should be fired for who they are or who they love.” The bill now heads to the House, where its prospects are more unclear. Observers such as Senate Majority Leader Harry Reid (D-Nev.) think there are enough votes to pass the leg- islation if Speaker John Boehner (R- Ohio) were to allow it to come to a vote. He has expressed opposition to the bill, so it may not be brought up. President Barack Obama. Obama, like all presidents before him, reverted to recess appointments to keep the NLRB operational. But earlier this year, big business groups and their GOP allies challenged the constitution- ality of Obama’s recess appointments. The matter is now before the U.S. Supreme Court. As Huffington Post reported earlier this year: “With Senate Republicans using the filibuster to block board members’ con- firmations, and with the board func- tioning solely because of Obama’s re- cess appointments, it was possible the agency would go dark when one board member’s term expired at the end of August — killing the board’s quorum and making it unable to issue deci- sions.” It was at that point Democrats, who control the Senate, threatened to change the rules on using filibusters. Wanting to avert such a change, Republicans agreed to let Obama’s nominees to all federal agencies proceed. As part of that deal Obama agreed to withdraw his two nominees to the NLRB — Sharon Block and Richard Griffin, both of whom were serving under recess ap- pointments. Obama’s new slate of five board nominees was confirmed in July. They are Chairman Mark Gaston Pearce, a former union lawyer whose term ex- pires in August 2018; Kent Y. Hi- rozawa, former chief counsel to Chair- man Pearce and also a former union lawyer whose term expires in August 2016; Nancy J. Schiffer, former associ- ate general counsel of the AFL-CIO and former deputy general counsel of the United Auto Workers, whose term expires in December 2014; Philip A. Miscimarra, a former management-side lawyer from Chicago whose term ex- pires in December 2017; and Harry I. Johnson, a former management-side lawyer from Los Angeles whose term expires in August 2015. Following the board confirmations, Obama nominated Griffin to be the NLRB’s general counsel. Senate Re- publicans were furious. They quickly filibustered the nomination — breaking their agreement with Democrats not to block nominees to federal agencies. A vote was made possible only af- ter Democrats got seven Republicans to cross over and allow the nomination to come to a vote. The Senate voted 62-37 to end the filibuster, and 55-44 to con- firm Griffin. Sen. Lisa Murkowski (R- Alaska) joined all Senate Democrats and two independents in approving Griffin. “The National Labor Relations Board is the guardian of rights en- shrined in the National Labor Relations Act, including the right to form and join a union and bargain for fair wages, good benefits, and safe working condi- tions,” Senate Labor Committee Chair- man Tom Harkin (D-Iowa), said during debate. “Workers themselves cannot enforce the NLRA. The board is the only place workers can go if they have been treated unfairly and denied the ba- sic protections that the law provides. “The general counsel serves as the top prosecutor for violations of this country’s labor laws. Given his depth of experience and knowledge of labor law, Griffin is an exceedingly well- qualified candidate for this position, and I am confident he will work to fairly enforce our nation’s labor laws for workers, unions and employers,” Harkin said. Top Republican Lamar Alexander (R-Tenn.), led the opposition to Griffin, though he also voted against filibuster- ing Griffin’s nomination. Speaking on the Senate floor, Alexander said he and other Republi- cans would “introduce legislation to re- store balance to the board — a proposal that will retain the rights of workers and employees, but reduce the swing” in board decisions “that occurs from ad- ministration to administration based on who is in power.” Griffin replaces Lafe Solomon, who has served as acting general counsel since 2010. (Editor’s Note: Press Associates Inc. contributed to this report.) (International Standard Serial Number 0894-444X) Established in 1900 at Portland, Oregon as a voice of the labor movement. 4275 NE Halsey St., P.O. Box 13150, Portland, Ore. 97213 Telephone: (503) 288-3311 Editor: Michael Gutwig Staff: Don McIntosh, Cheri Rice Published on a semi-monthly basis on the first and third Fridays of each month by the Oregon Labor Press Publishing Co. Inc., a non- profit corporation owned by 20 unions and councils including the Oregon AFL-CIO. Serving more than 120 union organizations in Ore- gon and SW Washington. Subscriptions $13.75 per year for union members. Group rates available to trade union organizations. PERIODICALS POSTAGE PAID AT PORTLAND, OREGON. CHANGE OF ADDRESS NOTICE: Three weeks are required for a change of address. When ordering a change, please give your old and new addresses and the name and number of your local union. POSTMASTER: Send address changes to NORTHWEST LABOR PRESS, P.O. BOX 13150, PORTLAND, OR 97213-0150 PAGE 2 NORTHWEST LABOR PRESS NOVEMBER 15, 2013
