National Law Review (04/11/13)
The White House on April 10 signaled its intention to push the National Labor Relations Board back to its full five-person membership. President Obama will propose the renomination of current board chairman Mark Gaston Pearce along with management attorney Harry I. Johnston III, a partner with Arent Fox in Los Angeles, and Chicago attorney Philip A. Miscimarra, from Morgan Lewis & Bockius LLP.
Previously submitted nominations for current board members Richard F. Griffin Jr. and Sharon Block, both of whom were recess appointments, are still pending with the Senate. The D.C. Circuit recently determined that the recess appointments of Griffin and Block, as well as former member Terence Flynn, were unconstitutional. That issue is headed to the U.S. Supreme Court for a decision.