Wyatt Employment Law Report


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President Makes Recess Appointments to NLRB

On January 4, 2012, President Obama announced three recess appointments to the National Labor Relations Board:  Terrence Flynn, a Republican, who had earlier been nominated by the President about a year ago, but whose nomination had not been acted upon by the Democratically-controlled Senate; and Democrats Sharon Block, a Department of Labor official, and Richard Griffin, the General Counsel of the International Union of Operating Engineers.

This action was immediately challenged by various Republicans including House Education and the Workforce Committee Chairman JohnKline(R-MN) and Health, Employment, Labor, and Pensions Subcommittee Chairman Phil Roe (R-TN) who have formally asked the National Labor Relations Board and the White House Counsel to provide documents and information concerning the appointments. The information request sought details of the qualifications of the appointees, and president’s legal authority to grant recess appointments while the Senate is in pro forma session.

Kline, in his press release, predicted that the process followed by the President will lead to legal challenges to any decisions issued by the new Members of the Board.