Wyatt Employment Law Report


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NLRB Chairman Wilma Liebman’s Term on the Board Ends

By Edwin S. Hopson

At midnight on August 27, 2011 National Labor Relations Board Chairman Wilma Liebman’s third term as a Member of the NLRB  ended,  reducing the five-member Board to three.  Liebman has served on the Board for almost 14 years under three presidents, beginning with President Clinton.

President Obama designated Member Mark Pearce, a Democrat, to be Board Chairman beginning August 28, 2011.  The other two Members are Craig Becker, a Democrat. who is serving a recess appointment that expires at the end of this year, and Brian Hayes, a Republican, whose term expires December 16, 2012.

Chairman Liebman was appointed to the Board twice by President Bush in 2002 and 2006, and has served as Chairman since being so designated by President Obama on January 21, 2009.  According to an NLRB press release,  Liebman is the third longest serving member in the NLRB’s 76-year history.

Newly designated Chairman Pearce has served on the Board since 2010.  His term ends on August 27, 2013.  Previously, Pearce has served as a member of the New York State Industrial Board of Appeals and was a partner in the Buffalo, NY law firm of Creighton,  Pearce,  Johnsen and Giroux which represented unions.


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NLRB Member Confirmation Battles–January 2001–January 2009

By Edwin S. Hopson

Currently, there is controversy over the U.S. Senate’s lack of action in confirming President Obama’s nominees to be members of the five-person National Labor Relations Board (NLRB).  Since the end of December, 2007, the NLRB has been operating with only two Members (instead of five).  The issue of whether this constitutes a proper quorum under the National Labor Relations Act (NLRA) is currently before the U.S. Supreme Court. 

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