The National Labor Relations Board is fully staffed for the first time in ten years. The Senate confirmed three Democrats and two Republicans. Given the democratic majority, most pundits anticipate more pro-union rulings, like those under the recess appointment board.
The three confirmed Democrats include Nancy Schiffer, former AFL-CIO associate general counsel, Mark Pearce, the current NLRB chairman, and his former chief counsel, Kent Hirozawa. The two Republicans are attorneys Harry Johnson, III and Phillip Miscimarra, both of whom are from large national firms.
Even though the Board is confirmed, the Senate labor committee’s ranking republican, Lamar Alexander, has concerns that Schiffer and Hirozawa will not be able to set aside their pro-union advocacy past and act as neutral arbiters between employees and employers. Of course Schiffer and Hirozawa said during their confirmation hearings that they would be neutral when making board decision.
The new Board has a backlog of over 1,000 cases to handle. And, while they should be busy with that many cases, we may see the Board implement new rules, including rules that allow for quickie elections and require employers to post the Employee Rights poster. We will monitor the Board’s activities and let you know if any new rules are pursued.