Senate confirmations bring NLRB back to five-member strength

Two members of the National Labor Relations Board (NLRB), Mark Gaston Pearce and Brian Hayes, were confirmed by unanimous consent in the Senate recently, bringing the Board back to its full five-member strength for the first time since 2007 (NLRB Press Release, June 22, 2010). The Board is composed of five members, split 2-3 between Republicans and Democrats depending on which administration is in the White House. Currently the split is in favor of the Democrats, which means employers can expect predominantly pro-labor rulings from the Board. The Supreme Court ruled last month that the decisions issued by a two-member Board, while awaiting appointment of its remaining three members, were not valid (see our Vigilant Counsel article on June 17, 2010), but these confirmations make for a full Board that can now issue binding decisions. Prepare for more turnover on the Board, however, as one member’s term expires in August and two others expire in 2011.