Who's Who in Labor

Labor Law Journal, Fall 2013 | Go to article overview

Who's Who in Labor


On Tuesday, July 30, the Senate confirmed all of President Obama's nominations to the National Labor Relations Board. The NLRB now has a full complement of five members: Mark Gaston Pearce (D), Nancy J. Schiffer (D), Kent Y. Hirozawa (D), Harry I. Johnson, III (R), and Philip A. Miscimarra (R).

Pearce is the current Chairman, and Hirozawa was formerly Chief Counsel to Pearce. Schiffer is a former Associate General Counsel to the AFL-CIO. Johnson was formerly a partner with Arent Fox LLP, and Miscimarra was a partner in the Labor and Employment Group of Morgan Lewis & Bockius LLP.

The road to the first full complement of Board Members in a decade came only after Majority Leader Harry Reid threatened to use the so-called "nuclear option" that would have altered Senate rules to eliminate the option of filibuster in executive branch nominations. In a resulting bipartisan bargain, the President withdrew the nominations of two recess appointees and replaced them with two new ones.

President Obama, on August 1, sent to the Senate the nomination of Richard F. Griffin, Jr. to serve as General Counsel of the NLRB for a four-year term. Griffin would fill a seat held by embattled Acting General Counsel Lafe Solomon. Griffin, who served as Board member under a controversial recess appointment in January 2012, saw his nomination to the Board withdrawn by the President as a result of the bipartisan bargain in the Senate. …

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