Trump Nominates Pearce for Third Term on Labor Board

President Trump has nominated Mark Gaston Pearce for a third term on the National Labor Relations Board (NLRB), an unexpected victory for employee advocates and Democrats, reports Bloomberg Law . "Practically speaking, the renomination will have a substantive impact on Board procedures and decisions if Pearce is confirmed by the U.S. Senate for another term," says former Republican NLRB general counsel Jerry Hunter. The NLRB usually delegates authority to decide individual union elections and unfair labor practice complaints to three of the sitting members, which means Pearce will be able to partner with colleague Lauren McFerran to effectively form a two-member Democratic majority in certain cases. A Democratic majority also could rule in cases where the Republican chairman and other two board members have a conflict of interest. AFL-CIO general counsel Craig Becker says Pearce has "worked with his colleagues to address many pressing and difficult issues arising out of the changing nature of work and the workplace over the last eight years. We urge the Senate to honor the bipartisan tradition that has developed concerning the filling of board seats by promptly confirming Mark so that the board can once again be fully staffed." White House and Senate leaders have discussed a deal to grant Pearce a third term in return for Democrats conceding to waive waiting periods and confirm certain pending nominations for other positions, including some in the Labor Department.