Senate Confirms Mark Hayes and Brian Pearce to be NLRB Members

On Tuesday, the Senate officially confirmed (pdf) the nominations of Mark Hayes and Brian Pearce to be members of the National Labor Relations Board (NLRB). The two were included in a package of more than 60 nominees confirmed by voice vote. President Obama previously gave recess appointments to Pearce and Craig Becker, whose nomination failed to advance in the Senate. Controversial nominee Craig Becker, whose recess appointment expires at the end of 2011, was not among those nominees confirmed today. With the addition of Hayes, the Republican nominee, the current composition of the Board and the duration of the members’ terms are as follows:

  • Chairman Wilma Liebman (D), whose term expires at the end of August 2011;
  • Mark Schaumber (R), whose term expires at the end of August 2010;
  • Craig Becker (D), whose recess appointment expires at the end of 2011;
  • Mark Pearce (D), whose term expires at the end of August 2013; and
  • Brian Hayes (R), whose term expires at the end of December 2012.

Hayes’s and Pearce’s confirmation comes after the Supreme Court ruled that the NLRB cannot act with only two members. Earlier this week, Obama named long-term NLRB attorney Lafe Solomon (pdf) to serve as the agency’s acting General Counsel (GC).  Earlier this month, current GC Ronald Meisburg announced his intention to step down before his term expires in August. The GC wields a significant amount of power, as it is he or she who determines which cases to put before the Board. According to the NLRB press release, Solomon began working for the agency as a Seattle field examiner in 1972, and served in a variety of positions on the GC and Board side of the agency, including staff attorney, before becoming Director of the NLRB’s Office of Representation Appeals, a job he has held for the last decade.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.