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Update: The Senate voted 55-44 to confirm the nomination of Richard Griffin, Jr. to be the next NLRB General Counsel.
After a one-day delay, the Senate on Tuesday voted 62-37 in favor of advancing the nomination of Richard Griffin, Jr. to be the next General Counsel of the National Labor Relations Board. This cloture vote ensures that his nomination cannot be filibustered. Following up to eight hours of debate – which has not yet been scheduled, but is expected to occur sometime this week – the Senate will hold a final vote on his nomination. Only 51 votes are needed to approve Griffin’s nomination.
Once Griffin’s nomination is approved – as is expected – it will be the first time in at least a decade that the Board has operated with not only five confirmed members, but also a confirmed GC, whose job it is to investigate and prosecute charges of unfair labor practice cases, supervise NLRB field offices, decide which cases to pursue, and implement the policies and procedures field agents should follow.
As previously discussed, Griffin – formerly a long-term attorney for the International Union of Operating Engineers (IUOE) – was one of the three controversial recess appointees to the Board seated in January 2012. We will update this post following the final Senate vote.