White House Announces Recess Appointments to NLRB

Yesterday, the White House announced the following recess appointments to the National Labor Relations Board (NLRB):

- Richard Griffin (D) – General Counsel of the International Union of Operating Engineers;

- Sharon Block (D) – Deputy Asst. Secretary for Congressional Affairs, U.S. Department of Labor; and

- Terrence Flynn (R) – Chief Counsel, NLRB Member Hayes.

This is a controversial move on the part of President Obama. Conventional wisdom has been that a recess of more than three days is required in order for the president to exercise his authority to make recess appointments. The White House release can be accessed here.

Many business leaders and politicians agree that President Obama’s appointments may very well land the administration in court. More information on the appointments and the potential for legal action is covered in depth in the Jan. 4 The Hill article, “ Court fight over recess appointments ‘almost certain’ Chamber says.”

Update: Barnes & Thornburg LLP's Labor & Employment Law Department issued a legal Alert on Jan. 6 that contains additional information on President Obama's latest appointments to the NLRB. That Alert can be accessed by clicking here.