IEC Reacts to New NLRB Nominations

Yesterday, President Barack Obama nominated two Republicans and renominated an existing Democrat member to the National Labor Relations Board (NLRB). The nominations come as the U.S. House of Representatives prepares to vote on legislation this week that would prohibit the Board from taking major actions or issuing decisions until it has a legally operating, Senate-confirmed quorum of members.
The two new nominees – both lawyers – are Harry Johnson with Arent Fox in Los Angeles and Phillip Miscimarra, a partner with Morgan Lewis & Bockius LLP in Chicago. Johnson specializes in management-side labor and employment law, and Miscimarra has previously testified before a House committee in opposition to the NLRB’s prosecution of The Boeing Company for opening a manufacturing plant in right-to-work state South Carolina.
While both picks appear to bring much-needed balance to the current NLRB, IEC is disappointed that the President has chosen to move forward with new nominations without first resolving the issue of his current appointees that a U.S. District Court has ruled are unconstitutional. By also renominating Mark Pearce to the Board, the President is endorsing the NLRB’s unprecedented and aggressive activism of the past 16 months. Under Chairman Pearce’s leadership, the Board has promulgated rulemakings severely restricting the rights of employers to communicate with their employees during the union election process and preventing employees from accessing balanced information to make an informed choice in favor of or against unionization.
Once the issue of the President’s recess appointments to the NLRB is properly resolved by the Administration, Congress or the Supreme Court, it is IEC’s hope that the President will submit all nominees for proper vetting through the Senate confirmation process.

IEC will keep members abreast of any further developments and continue to advocate for merit shop electrical and systems contractors.

For more information, contact Alexis Moch, Vice President of Government Affairs, at (703) 650-0054 or