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Senate confirmations restore NLRB to five Members for the first time since 2007

By Justin F. Keith on June 22, 2010
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This morning, the Senate confirmed Republican Brian Hayes and Democrat Mark Pearce to serve as Members of the National Labor Relations Board.  Mark Pearce was serving a recess appointment made in March, 2010 to restore the NLRB’s quorum after 2+ years with only two sitting Members on the Board.  Last week, the Supreme Court ruled that the NLRB did not have authority to issue approximately 600 decisions with only two sitting Members.

This morning’s confirmations restore the Board to its full five-Member complement for the first time since late 2007.  It remains to be seen whether Member Becker, who received a recess appointment at the same time as Member Pearce, will be confirmed by the Senate.  Member Schaumber’s term expires in August and as of this date there has been no public announcement about whether he will serve another term.

The current Board Members and their respective terms are:

Photo of Justin F. Keith Justin F. Keith

Justin helps unionized businesses maintain successful labor relations and helps non-union companies maintain direct relationships with their employees through education, training, and proactive union awareness. His labor practice encompasses all aspects of labor relations, including unfair labor practices, representation proceedings before the National

…

Justin helps unionized businesses maintain successful labor relations and helps non-union companies maintain direct relationships with their employees through education, training, and proactive union awareness. His labor practice encompasses all aspects of labor relations, including unfair labor practices, representation proceedings before the National Labor Relations Board and Courts of Appeal, contract negotiations, strikes and lockouts, grievances, and arbitrations. Justin also represents employers in all areas of employment law—including reductions in force, litigation of discrimination, harassment, whistleblower, and retaliation claims, and numerous other personnel and workplace issues—before state and federal agencies and in courts throughout the country.

Justin Co-Chairs the firm’s Labor & Employment Practice’s Labor-Management Relations group and advises clients in all areas of traditional labor law, including union organizing campaigns, collective bargaining negotiations, unfair labor practice charges and representation case proceedings before the NLRB, union awareness strategy and training, strike response and contingency planning, grievance arbitration proceedings, and appellate litigation before the NLRB and the Courts of Appeals. Justin was co-counsel to New Process Steel in the landmark Supreme Court case, New Process Steel v. NLRB, 560 U.S. 674 (2010). He is also a contributing editor of The Developing Labor Law, the leading treatise on U.S. labor law, and a frequent speaker to legal and industry groups on labor and employment issues.

Justin has litigated dozens of wage and hour class actions brought under the Massachusetts Wage Act and nationwide collective actions under the Fair Labor Standards Act. He represents employers across a broad spectrum of industries, including retail, transportation, delivery services, and telecom services in nationwide class and collective actions brought throughout the country.

Justin regularly provides counsel to senior management and human resource personnel on employment law compliance matters, such as reductions in force, leaves of absence, exempt status classification under the FLSA and state law, employee discipline, sexual

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  • Posted in:
    Employment & Labor
  • Organization:
    Greenberg Traurig, LLP

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