Today, the United States Senate unanimously confirmed Mark Pearce and Brian Hayes to the National Labor Relations Board. President Obama had nominated both of them to the Board nearly one year ago, in July 2009.
As we reported on our blog in March, President Obama had appointed Pearce, along with highly controversial pro-union attorney, Craig Becker, using what is known as a recess appointment, which is an appointment made while Congress is not in session and does not require Congress’ assent. Because these appointments were made during a Congressional recess, the terms were set to expire rather quickly, ending in 2011. Now that the Senate has approved Pearce, his term will not expire until August 2013.
Hayes, a management-side labor attorney, will fill a term expiring in December 2012. With these two appointments, the NLRB will have its full five members. The NLRB has not had full membership since December 2007 and, for over twenty-seven months up until this April, it operated with only two members. Over that period of time, the two member board decided approximately 600 cases on which they could agree. As we reported on our blog last week, on June 17, the United States Supreme Court held that the two member board did not have the authority to issue any of these rulings.