May 25, 2012

White House Announces Recess Appointments to NLRB

Barnes & Thornburg LLP - a national law firm of more than 550 professionals
Teresa L. Jakubowski
Barnes & Thornburg LLP
Saturday, January 7, 2012
Labor & Employment
All Federal
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Yesterday, the White House announced the following recess appointments to the National Labor Relations Board (NLRB):

  • Richard Griffin (D) – General Counsel of the International Union of Operating Engineers;
  • Sharon Block (D) – Deputy Asst. Secretary for Congressional Affairs, U.S. Department of Labor; and
  • Terrence Flynn (R) – Chief Counsel, NLRB Member Hayes.

This is a controversial move on the part of President Obama. Conventional wisdom has been that a recess of more than three days is required in order for the president to exercise his authority to make recess appointments. The White House release can be accessed here.

Many business leaders and politicians agree that President Obama’s appointments may very well land the administration in court. More information on the appointments and the potential for legal action is covered in depth in the Jan. 4 The Hill article, “Court fight over recess appointments ‘almost certain’ Chamber says.”

© 2012 BARNES & THORNBURG LLP

About the Author

Teresa L. Jakubowski
Partner

Teresa L. Jakubowski is a partner in Barnes & Thornburg LLP's Washington, D.C. office where she practices labor and employment law and is a member of the firm’s Disability Law Practice. Her practice includes providing legal counsel and representing clients in litigation and administrative proceedings in the areas of employment law, particularly discrimination/equal employment matters; the Employee Retirement Income Security Act of 1974 (ERISA); the Family and Medical Leave Act of 1993 (FMLA); wrongful discharge; state employment laws; fair housing; and accessibility for...

teresa.jakubowski@btlaw.com
202-371-6366
www.btlaw.com

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