Senate Confirmations Return NLRB To Full 5-Member Board

On June 22, 2010, the Senate confirmed Mark Gaston Pearce (D) and Brian Hayes (R) as members of the National Labor Relations Board (NLRB) by unanimous consent.  President Obama nominated both Pearce and Hayes in July 2009.

President Obama recess-appointed Pearce earlier this year and he began serving in April 2010.  Pearce’s term will expire in December 2013.  Pearce was a founding partner of Creighton, Pearce, Johnsen & Giroux, a Buffalo, New York-based law firm, where he practiced union side labor and employment law before state and federal courts and agencies.

Hayes, who most recently served as the Republican Labor Policy Director for the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP), will fill a term expiring in December 2012.  Hayes previously practiced for 25 years representing management clients in labor and employment law; however, he began his legal career as a clerk for the NLRB’s Chief Administrative Law Judge, and later served as counsel to the Board Chairman.

The addition of Hayes to the NLRB will result in a full, five-member Board for the first time since December 2007.  From the end of 2007 until April 2010, the NLRB operated with only two members who issued approximately 600 decisions in matters on which they could agree.  Recently, however, a divided Supreme Court held they were not authorized to do so.

Member Craig Becker (D), who is currently serving a recess appointment, was not confirmed by the Senate.  Becker’s appointment was hotly contested by business groups and Republicans because of concern that he would pursue a personal (pro-union) agenda at the Board.

The term of Member Peter C. Schaumber (R) expires in August 2010.  Chairman Wilma B. Liebman’s (D) term will expire in August 2011 and the recess appointment of Member Craig Becker (D) is due to expire at the end of 2011.

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