Wednesday, April 7, 2010

The End of the Two-Member NLRB

NLRB It's official.  The two recess appointments to the NLRB--Mark Pearce and Craig Becker--were sworn in on Wednesday, giving the NLRB four members.  (And, no, it won''t make the New Process Supreme Court case reviewing the validity of the two-member Board moot as some the two-member cases are still under challenge and, unfortunately, it can easily happen again.)  Pearce named Kent Hirozawa his Chief Counsel and Becker picked Peter Winkler.  I don't know Hirazawa, but I used to work with Winkler (he was was my first supervisor the NLRB's Appellate Court Branch), who is a great choice and has probably forgotten more labor law than I'll ever know.

The big question now is what will happen with the nomination of Brian Hayes, the Republican nominee.  No doubt another bruising fight to come, especially once the recess appointments expire.


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I second the praise for Winkler.

Posted by: Joseph Slater | Apr 8, 2010 7:48:46 AM

Does anyone know what period of time the recess appointments are for?? Is the recess period published somewhere or is it decided by the Speaker of the House and the Senate Majority leader??

Posted by: Mitchell H. Rubinstein | Apr 8, 2010 12:29:05 PM

The recess appointments will last until the end of the next session of Congress (i.e., late 2011). See'0DP%2BP%5CW%3B%20P%20%20%0A

Posted by: H. Blankenhorn | Apr 9, 2010 6:10:55 AM

The recess appointments expire at the end of 2011.

Posted by: Justin F. Keith | Apr 9, 2010 7:49:59 AM

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