This morning, the Senate confirmed Republican Brian Hayes and Democrat Mark Pearce to serve as Members of the National Labor Relations Board.  Mark Pearce was serving a recess appointment made in March, 2010 to restore the NLRB’s quorum after 2+ years with only two sitting Members on the Board.  Last week, the Supreme Court ruled that the NLRB did not have authority to issue approximately 600 decisions with only two sitting Members.

This morning’s confirmations restore the Board to its full five-Member complement for the first time since late 2007.  It remains to be seen whether Member Becker, who received a recess appointment at the same time as Member Pearce, will be confirmed by the Senate.  Member Schaumber’s term expires in August and as of this date there has been no public announcement about whether he will serve another term.

The current Board Members and their respective terms are:

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    Member Schaumber (August 2010)

  • Chairman Liebman (August 2011)
  • Member Hayes (December 2012)
  • Member Pearce (August 2013)
  • Member Becker (serving a recess appointment expiring at the end of 2011).

Update: Member Schaumber issued a statement on June 22 on the Supreme Court’s decision in New Process Steel v. NLRB and the problem of chronic vacancies on the Board.

Update: Brian Hayes was just sworn in.

 

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Photo of Justin Keith Justin Keith

Justin F. Keith represents employers in all areas of labor and employment law—including reductions in force, litigation of discrimination, harassment, whistleblower, and retaliation claims, and numerous other personnel and workplace issues—before state and federal agencies and in courts throughout the country.

Justin Co-Chairs

Justin F. Keith represents employers in all areas of labor and employment law—including reductions in force, litigation of discrimination, harassment, whistleblower, and retaliation claims, and numerous other personnel and workplace issues—before state and federal agencies and in courts throughout the country.

Justin Co-Chairs the firm’s Labor & Employment Practice’s Labor-Management Relations group and advises clients in all areas of traditional labor law, including union organizing campaigns, collective bargaining negotiations, unfair labor practice charges and representation case proceedings before the NLRB, union avoidance strategy and training, strike response and contingency planning, grievance arbitration proceedings, and appellate litigation before the NLRB and the Courts of Appeals. Justin was co-counsel to New Process Steel in the landmark Supreme Court case, New Process Steel v. NLRB, 560 U.S. 674 (2010). He is also a contributing editor of The Developing Labor Law, the leading treatise on U.S. labor law, and a frequent speaker to legal and industry groups on labor and employment issues.

Justin has litigated dozens of wage and hour class actions brought under the Massachusetts Wage Act and nationwide collective actions under the Fair Labor Standards Act. He represents employers across a broad spectrum of industries, including retail, transportation, delivery services, and telecom services in nationwide class and collective actions brought throughout the country.

Justin regularly provides counsel to senior management and human resource personnel on employment law compliance matters, such as reductions in force, leaves of absence, exempt status classification under the FLSA and state law, employee discipline, sexual harassment, discrimination and retaliation, and restrictive covenant agreements.