The coming year is expected to present significant developments from the National Labor Relations Board. For the first time since August 2003, the board has its full complement of five members, three Democratic appointees (chairman Mark Gaston Pearce and members Nancy Schiffer and Kent Hirozawa) and two Republican appointees (members Philip Miscimarra and Harry I. Johnson III). Furthermore, Richard F. Griffin Jr. was recently sworn in as NLRB general counsel for a four-year term.
Perhaps most importantly, the U.S. Supreme Court, in NLRB v. Noel Canning, No 12-1281, will likely decide the validity of the recess appointments of former board members on the grounds that no valid recess existed when President Obama appointed them. At issue are several hundred prior decisions of the “old” Obama board.
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