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President re-nominates NLRB Members Block and Griffin

On Wednesday, February 13, 2013, the White House issued a release stating that President Barack Obama has re-nominated Richard T. Griffin and Sharon Block as NLRB members. The Board currently has three members and is in danger of falling below the three-member quorum established by the U.S. Supreme Court ruling in New Process Steel v NLRB.

The president appointed Block and Griffin to the Board in 2012 using his recess appointment powers. The constitutionality of those appointments has been challenged, with opponents saying that the president lacked the authority to make the appointments because the Senate was technically in pro forma session. The administration has contended that the Senate was unable to advise and consent on the nominations because its members had gone home; at the time, one Senator would gavel the Senate into and out of session every three days. In the recent Noel Canning ruling, the Court of Appeals for the District of Columbia ruled that the appointments were unconstitutional. The issue is expected to be taken up by the U.S. Supreme Court.

Source: WKL&B Editorial Staff