CDW Letter on Potential NLRB Recess Appointments


CDW Members:

CDW just issued a statement on yesterday’s letter from all 47 Republican Senators asking that the President not attempt to recess appoint his recent nominees, Sharon Block and Richard Griffin, to the NLRB.   You can find our statement here and more on the letter from the Republican Senators here.

There has been speculation the last few weeks about the President attempting to recess Consumer Financial Protection Bureau nominee, Richard Cordray and potentially some NLRB nominees.  Without new appointments, the Board will no longer be able to perform certain functions when Member Becker’s recess appointment expires at the end of this Senate Session, and the Board drops down to 2 members, which is less than a quorum of the full 5 member Board.

The President’s nomination of Block and Griffin last week increased speculation.  The announcement of the nominations is available here.  A recent article on the issue in the Hill is available here.

On a different note, there was a hearing yesterday in our lawsuit in DC Federal District Court challenging the NLRB’s posting requirement.  The judge suggested the NLRB extend the effective date of the rule further to allow her to draft the opinion and permit possible appeals.  We will keep you posted on whether the NLRB does so and any other developments in the suit.

Lastly, while we would all prefer a quiet break, we expect the NLRB will be issuing the Ambush Rule sometime shortly and may also issue several troubling decisions.  We will keep you posted.

Enjoy your holidays.

Geoff Burr