Tuesday, April 9, 2013

White House to Nominate Three NLRB Members

NLRBThe White House just announced its intent to nominate three members to the NLRB:  1) a re-nomination of Chairman Mark Gaston Pearce (his term ends in August); 2) Harry Johnson; and 3) Phillip Miscimarra.  I don't know anything about Johnson or Miscimarra except that they are Republican nominees.  As I've noted before, I'm happy that we've finally got nominees for all the Board seats--from an institutional perspective, it's just far better to have all five members.  Here's the White House bios, from the announcement:

Mark Gaston Pearce, Nominee for Member, National Labor Relations Board, and upon appointment to be designated Chairman
Mark Gaston Pearce is currently Chairman of the National Labor Relations Board (NLRB), a position he has held since August 2011.  He has served as a Member of the NLRB since March 2010.  Previously, Mr. Pearce was a founding partner of Creighton, Pearce, Johnsen & Giroux from 2002 to 2010.  Before founding the Creighton, Pearce firm, Mr. Pearce worked as an associate and junior partner at Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria LLP from 1994 to 2002.  From 1979 to 1994, he was a district trial specialist for the NLRB in Buffalo, NY.  He has been a Board Member of the New York State Industrial Board of Appeals, and he has taught labor studies courses at Cornell University’s School of Industrial Labor Relations Extension.  Mr. Pearce received a B.A. from Cornell University and a J.D. from State University of New York at Buffalo.

Harry I. Johnson, III, Nominee for Member, National Labor Relations Board
Harry I. Johnson, III is currently partner with Arent Fox LLP, a position he has held since 2010.  Previously, Mr. Johnson worked at Jones Day as partner from 2006 to 2010 and as an associate from 1994 to 2005.  In 2011, he was recognized by The Daily Journal as one of the “Top Labor & Employment Attorneys in California”.  Mr. Johnson received a B.A. from Johns Hopkins University, an M.A.L.D. from Tufts University’s Fletcher School of Law and Diplomacy, and a J.D. from Harvard Law School.

Philip A. Miscimarra, Nominee for Member, National Labor Relations Board
Philip A. Miscimarra is partner in the Labor and Employment Group of Morgan Lewis & Bockius LLP, a position he has held since 2005.  Since 1997, Mr. Miscimarra has been a senior fellow at the University of Pennsylvania's Wharton Business School.  Mr. Miscimarra worked at Seyfarth Shaw LLP as partner from 1990 to 2005 and associate from 1987 to 1989.  Mr. Miscimarra received a B.A. from Duquesne University, an M.B.A. from the University of Pennsylvania’s Wharton School of Business, and a J.D. from the University of Pennsylvania Law School.

I don't know whether there's any chance of these nominations, or the other two pending ones, going through the Senate (actually, I have a good guess, but it's too depressing to write).  The bigger question is likely to be whether the White House will make any recess appointments and, if so, whether the Republicans will be included.  Given that his earlier recess appointments to the Board are already up in the air, there's no real reason not to if the Senate looks like it won't move, but stay tuned.

Hat Tip:  Patrick Kavanagh



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