As we previously posted, the U.S. Court of Appeals for the D.C. Circuit found that President Obama’s recess appointments of two union-friendly members to the National Labor Relations Board was unconstituional. Although the Administration has expressed its disagreement with the decision, it nonetheless renominated those members — Sharon Block (a former aide to Sen. Ted Kennedy) and Richard Griffin (former General Counsel to a national union) — to the Board.
In this polarized Congress, the nominations are not expected to go far. The Republican minority in the Senate has indicated its willingness to stall any union-friendly Board nominations and to filibuster any nominations that somehow make their way to the floor.
Barring some compromise or a change in the Senate rules, you can expect more of the same from the Board in the President’s second term.