President Obama Makes Recess Appointments What Could this Mean for Employers?

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By tradition the five-member National Labor Relations Board ("NLRB" or "the Board") consists of three members from the President's party and two members from the opposition party. Until this weekend the Board was down to one Democrat, Chairman Wilma Liebman, and one Republican, Member Peter Schaumber, whose term expires in August. On Saturday, President Obama made recess appointments of his two Democratic nominees the Board, Craig Becker and Mark Pearce, effectively bypassing the "advice and consent" role of the United States Senate for the time being. President Obama did not make a recess appointment of his announced Republican nominee, Brian Hayes.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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