NLRB Appointments Prompt Controversy. President Obama has recently announced three recess appointments to the National Labor Relations Board (“Board”), despite the requests of Republican Senators to refrain from doing so. The new members are Sharon Block (Democrat), Terence F. Flynn (Republican) and Richard Griffin (Democrat - who at the time of the appointment was General Counsel of the International Union of Operating Engineers). 

They will join Chairman Mark Gaston Pearce and Member Brian E. Hayes, and their appointments will give the Democrats a 3-2 majority on the Board.  The recess appointments have prompted an outcry by many Republican Senators, who contend that the Senate was not in recess and that the appointments represent an attempt by the President to bypass the confirmation process for Board Members.  With these appointments the Board has a full quorum, opening the door for the agency to go forward with its new rules for “quickie” elections.  Legal challenges to these appointments are almost a certainty.