Further complicating the beleaguered Agency’s ability to carry out its mission, a federal court has determined that National Labor Relations Board Acting General Counsel (GC) Lafe Solomon was not properly appointed to his position.
In a four page decision in Hooks v. Kitsap Tenant Support Services, Inc., Case No. C13-5470 BHS (W.D. Wash. Aug. 13, 2013), Judge Benjamin H. Settle of the United States District Court for the Western District of Washington granted the employer’s motion to dismiss the National Labor Relations Board’s petition for injunctive relief under Section 10(j) of the National Labor Relations Act.
As readers of this blog know, the Senate recently confirmed five members on the NLRB. The compromise that permitted the confirmation vote to move forward required that President Obama withdraw his nominations of two individuals who were serving recess appointments on the NLRB, Members Griffin (D) and Block (D).
As expected, former National Labor Relations Board member Richard Griffin is President Obama’s choice to serve as the Board’s General Counsel (GC).
We’re closing in on a year since President Barack Obama controversially appointed two members to the National Labor Relations Board during the Senate’s recesss, giving the Board the authority to act just in the nick of time, but with that authority greatly questioned. Now, just this week, the Senate officially confirmed a full five-member board, the first full NLRB in more than a decade. But do the new appointees—some swapped out for the sake of an easy confirmation—change our outlook on the Board’s agenda? And what about the Noel Canning v. NLRB suit about to go before the Supreme Court. Nelson Cary of Vorys, Sater, Seymour and Pease LLP and their blog, Vorys on Labor, joins me to discuss both issues.