Obama Makes Recess Appointments to the NLRB and EEOC

Second Quarter 2010Newsletters California Update Employment Law

For the last two years, the National Labor Relations Board has consisted of only two members, one from each side of the political spectrum. President Obama however, has recently appointed two new members, without Senate approval: union lawyer Craig Becker and fellow Democrat Mark Pearce. The appointments create a 3–1 Democratic majority and make it unlikely employers will win appeals to the Board. Unionized and nonunionized employers alike should be concerned that pro-union changes are afoot and there will likely be an increased risk of union-organizing drives.

Obama also appointed four individuals to the Equal Employment Opportunity Commission: Jacqueline Berrien (D) as Chairperson, Chai Feldblum (D) and Vicki Lipnic (R) as Commissioners and David Lopez as General Counsel. The EEOC now has a full quorum of commissioners and will be able to complete its regulatory process with respect to recently passed legislation, including the ADA Amendments Act and the recently issued proposed rules for the Age Discrimination in Employment Act.