Wednesday, February 13, 2013
Today, the White House renominated Sharon Block and Richard Griffin to the NLRB (as well as Richard Cordray to the Bureau of Consumer Financial Protection). Those appointees, of course, were the subject of the D.C. Circuit's recent Noel Canning decision, which held that the President's power to make recess appointments is severely limited. It's good to see an attempt to remove the cloud over those members' appointments, although I'd still like to see nominees for the other two empty seats. I don't know whether the holdup on those is the White House or Republicans (who would normally play a large role in naming the appointees for those two, Republican, seats), but it's ridiculous that a federal agency constantly has to deal with not only being understaffed at its leadership level but having its ability to carry out its most basic functions constantly in doubt.
Speaking of which, the House Republican leadership and related committee chairs have sent the White House a letter urging appointees for all open Board seats, and citing the importance of having a full Board. Although I have some doubts about their sincerity--especially because the main purpose of the letter is to emphasize their support for the Noel Canning limits on the President's appointment power, not to mention that House Republicans haven't shown much support for the NLRB in the past--the language stressing the Board's role in the workplace is nice. Oh, and in case there's any doubt that they are more concerned with the appointments process than anything else, the same leaders also sent a letter to the Board urging them to stop issuing decisions until the Supreme Court decides the issue or the Senate confirms more members. No word on whether the Republicans leaders sent their Senate counterparts a letter urging them to work on getting new members appointed.
Hat Tip: Joshua Glick, Patrick Kavanagh, and others.