Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Wednesday, December 26, 2007

NLRB Down to Four Members and Soon to be Down to Two


Initial Posting Updated December 28, 2007

The NLRB is currently down to four members with the position of chair being vacant. This is significant as the Board is currently composed of two Democrats and two Republicans. Historically, the Board does not issue "major" decisions with less than a full five members.

Members Peter Kirsanow (Republican)  and Dennis Walsh (Democrat) were recess appointment. I believe their term expire when this term of Congress ends. With Congress staying in session to prevent recess appointments, I intialled assumed that these recess appointments will continue until Congress and the President reach some type of resolution. However, this is apparently not the case because the NLRB delegated its authority on December 28, 2007 to the General Counsel.

After Jan. 1st, the Board will be left with two Members,  Members Liebman (Democrat) and Schaumber(Republican). The Board's Press release is available here.

Good-by Chairperson Battista. I can't say that I will miss you. Stay tuned. This is likely to get very political in this election year.  This is also likely to significantly delay NLRB decisions.

Hat Tip: Workplace Prof Blog

Mitchell H. Rubinstein

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