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September 25, 2020

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Pearce Nominated for Third Term on NLRB

Mark Gaston Pearce has been nominated by President Donald Trump to serve a third term on the National Labor Relations Board. Pearce, a 2010 recess-appointee under then-President Barack Obama, was reappointed to a second term in 2013. That term expired on August 27, 2018. Pearce’s nomination now heads to the Senate for consideration.

Pearce was instrumental to the Board’s shift toward a labor-friendly approach during the Obama Administration. However, following the Senate’s confirmation of Trump’s Republican nominees Marvin Kaplan on August 2, 2017, William Emanuel on September 25, 2017, and John Ring on April 11, 2018, the Board has established a firm Republican and pro-business majority. Indeed, Trump’s Board has already reversed several significant Obama-era decisions.

In July, industry groups reportedly were urging the Trump Administration not to re-nominate Pearce, one of two remaining Democrats on the Board (along with Lauren McFerran). The Trump Administration’s process, which had already begun, was put on pause at the time.

Bloomberg BNA later reported that the Senate was working on a deal with President Trump that would allow Pearce to be reconfirmed and, consistent with tradition, the minority party would retain two of the five seats on the Board. The deal also would ease the backlog of pending nominees to numerous positions within the Department of Labor and other departments. More than 150 nominees reportedly are awaiting confirmation.

A deal could be reached to confirm Pearce by the end of August.

Jackson Lewis P.C. © 2020National Law Review, Volume VIII, Number 242

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Associate

Adam C. Doerr is an Associate in the St. Louis, Missouri, office of Jackson Lewis P.C. He represents management in labor and employment matters before state and federal courts, administrative agencies and arbitrators.

Mr. Doerr’s practice involves representing clients in all phases of litigation, including jury and bench trials, dispositive motions, discovery, pre-trial strategy, and client counseling and best practices. Mr. Doerr’s experience includes investigating allegations of employee and managerial misconduct and ...

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Howard Bloom, Jackson Lewis, labor union attorney, unfair practice investigations lawyer, employment legal counsel, bargaining law
Principal

Howard M. Bloom is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He has practiced labor and employment law representing exclusively employers for more than 36 years.

Mr. Bloom counsels clients in a variety of industries on labor law issues. He trains and advises executives, managers and supervisors on union awareness and positive employee relations, and assists employers in connection with union card-signing efforts, traditional union representation and corporate campaigns, and union decertification campaigns. He also represents clients at the National Labor Relations Board in connection with bargaining unit issues, objections and challenges, as well as unfair labor practice investigations and trials. Mr. Bloom also has been the spokesperson at countless first and successor contract collective bargaining negotiations, and regularly advises on collective bargaining agreement administration issues, including grievance/arbitration issues.

Mr. Bloom has appeared before the Massachusetts Supreme Judicial Court, the U.S. Court of Appeals for the District of Columbia, several U.S. District Courts, the National Labor Relations Board, the Massachusetts Labor Relations Commission, the Equal Employment Opportunity Commission and the Massachusetts Commission Against Discrimination.

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Philip B. Rosen Jackson Lewis  Preventive Practices Lawyer & Collective Bargaining Attorney
Principal

Philip B. Rosen is a Principal in the New York City, New York, office of Jackson Lewis P.C. He is a member of the firm's Board of Directors and co-leads the firm's Labor and Preventive Practices Group. He joined the firm in 1979 and served as Managing Partner of the New York City office from 1989 to 2009.

Mr. Rosen lectures extensively, conducts management training, and advises clients with respect to legislative and regulatory initiatives, corporate strategies, business ethics, social media, reorganizations and reductions-...

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