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President Barack Obama has again used his recess appointment powers, placing two Democrats and one Republican on the National Labor Relations Board (NLRB). The NLRB lost its quorum this past Tuesday when the term of Democrat Craig Becker (another recess appointee) expired. Under a 2010 U.S. Supreme Court decision, without a quorum the NLRB is unable to rule on cases or promulgate regulations. The controversial move by President Obama bypasses the Senate approval process and will allow the NLRB to continue operating.
President Obama’s appointees include: Richard Griffin (D); Sharon Block (D); and Terence Flynn (R).
Richard Griffin is the General Counsel for International Union of Operating Engineers (IUOE). He also serves on the board of directors for the AFL-CIO Lawyers Coordinating Committee. Since 1983, he has held a number of leadership positions with IUOE from Assistant House Counsel to Associate General Counsel.
Sharon Block is the Deputy Assistant Secretary for Congressional Affairs at the U.S. Department of Labor. Between 2006 and 2009, she served as Senior Labor and Employment Counsel for the Senate HELP Committee, where she worked for Senator Edward M. Kennedy. Ms. Block also served at the NLRB as senior attorney to Chairman Robert Battista and as an attorney in the appellate court branch.
Terence Flynn currently is serving as Chief Counsel to NLRB Board Member Brian Hayes. Mr. Flynn was previously Chief Counsel to former NLRB Board Member Peter Schaumber. Prior to his position at the NLRB, Flynn was an attorney in private practice.
Many assumed that since the Senate had not "officially" adjourned, President Obama would not be in a position to make recess appointments. By sidestepping Congress, many business leaders and politicians contend President Obama’s actions violate the Constitution and this issue may very well result in legal action. Employers are urged to monitor this situation closely as it is sure to have sweeping implications.
© 2012 BARNES & THORNBURG LLP
