By Edwin S. Hopson
On May 22, 2013, the Senate Committee on Health, Education, Labor & Pensions voted to approve the nominations of Mark Pearce, Richard Griffin, Sharon Block, Harry Johnson, and Phillip Miscimarra to be Members of the National Labor Relations Board. The committee vote for Johnson and Misimarra, both Republicans, was 22 to 0 in favor. The vote for Pearce, the current Chairman of the Board, whose term expires in August, 2013, was 18 to 4 in favor. The votes for Griffin and Block, both of whom are Democrats and currently serving as Board Members, were 13 to 9 in favor. Several Republican Senators voiced opposition to Griffin and Block based on the fact that their recess appointments were held to be invalid by the D.C. Circuit Court of Appeals in the Noel Canning v. NLRB case, and they have continued to serve on the Board.