President Moves to Avoid NLRB Gridlock at Year End

Employment Law

This week, President Obama nominated Sharon Block to fill one of the Democrat seats on the National Labor Relations Board and is clearly hoping that she is confirmed by the end of the year to avoid a 2 to 2 partisan split on the Board next year.  Ms. Block was one of the NLRB "recess" appointments recently struck down by the U.S. Supreme Court in Noel Canning, and has been serving as Senior Counsel at the Labor Department since she and the other contested appointees were replaced by confirmed Board members last year.  If Block is confirmed, she would replace Democrat Nancy Schiffer, whose term expires December 16, 2014.  The nomination presents a significant question for Senate Republicans.  If they try to block her nomination, Senate Majority Leader Harry Reid will likely invoke the "nuclear option" to get Block confirmed by a majority vote.  An alternative for the Republicans would be to seek a package this year that also includes a nomination to fill one of the Republican seats—that of Harry I. Johnston III, which will expire next August.  Even if the Republicans gain control of the Senate next year, they could only fill Johnson's seat by acting on a nomination submitted by President Obama, who would have little incentive to nominate another Republican to fill Johnson's seat if Block had already been confirmed.