The Senate took a step closer to confirming five nominees to the NLRB this week when the Health, Education, Labor, and Pensions Committee (HELP) Committee voted to recommend that the full Senate confirm the nominations of Democrats (and current Board members) Mark Gaston Pearce, Richard F. Griffin, and Sharon Block and Republicans Harry I. Johnson and Philip A. Miscimarra. Two of the nominees, Richard Griffin and Sharon Block, were opposed by Republican members of the Committee because their current recess appointments to the NLRB have been invalidated by the D.C. Circuit’s Noel Canning decision. 

The Obama Administration has pushed to get the bipartisan slate of nominees confirmed in an attempt to end the continuing effect of Noel Canning (which was bolstered by the recent New Vista Nursing decision) which continues to put in jeopardy all decisions made by the Board with the participation of the disputed recess appointees. It is unclear when the Senate would vote on the current nominees.

Our full coverage of the recess appointments issue is available here.