On April 9, 2013, President Obama announced his intent to
nominate three additional persons to serve as Members of the National Labor
Relations Board. If confirmed, this would bring the number of Board Members to
five, including two recess appointments.
The three persons to be nominnated are: Current Board
Chairman Mark GastonPearce, Harry I. Johnson, III, and Philip A.
Pearce has served as NLRB Chairman since August
2011, and has served as a Member of the Board since March 2010. His current
term expires in August, 2013. He is currently the only Member who has been
confirmed by the Senate.
Harry I. Johnson, III is a partner with the law firm of
Arent Fox LLP, a position he has held since 2010. He is based in Los
Angeles, California. Previously, Johnson worked at the Jones Day law firm as
partner from 2006 to 2010, and as an associate from 1994 to 2005. Johnson
received a B. A. from Johns Hopkins University, an M.A.L.D. from Tufts
University's Fletcher School of Law and Diplomacy, and a J.D. from Harvard Law
School. He has regularly represented employers in labor and employment matters.
Philip A. Miscimarra is partner with the law firm of
Morgan Lewis & Bockius LLP, a position he has held since 2005. He is
based in Chicago, Illinois. Also, since 1997, Miscimarra has been a senior
fellow at the University of Pennsylvania's Wharton School of Business.
Miscimarra also practiced law at Seyfarth Shaw LLP from 1987 to 2005.
Miscimarra received a B.A. from Duquesne University, an M.B.A. from the
University of Pennsylvania's Wharton School of Business, and a J.D. from the
University of Pennsylvania Law School. He has represented management in labor
and employment matters.
Nominations for the five-member Board were
previously submitted by the President and are still pending for
recess-appointees Richard F. Griffin, Jr. and Sharon Block. The recess
appointment are under attack in many cases now pending in the federal
courts. In one of those cases, Noel Canning v. NLRB, the D.C.
Circuit Court of Appeals ruled the appointments were invalid. The NLRB is
seeking review of that decision by the U.S. Supreme Court.
Read about additional Labor and Employment
Law Developments by Edwin S. Hopson in the Wyatt
Employment Law Report.
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