Wednesday, August 3, 2011
Word is now out that Senate Majority Reid will hold a series of pro forma sessions of the Senate throughout August. The importance of this for NLRB junkies is that it appears to remove the president's ability to make recess appointments--such as appointments for the fifth Board member or for Wilma Liebman when her current term expires on August 27. So, the Board is facing a very real prospect of having only three members at the end of the summer. Moreover, given that Craig Becker's recess term ends on December 31, we could easily be looking at yet another two-member Board after that. Indeed, it doesn't take a lot of imagination to suspect that NLRB opponents are aiming for this to take advantage of the Board's inability to decide cases with only two members. Stay tuned.
Hat Tip: Patrick Kavanagh