Congressional Action Required to Avoid Looming Vacancies at the National Labor Relations Board

The National Labor Relations Board (NLRB) will face a critical shortage of Board members if Congress fails to confirm at least two presidential nominees before adjourning in December. The five-member Board, currently composed of three Republican and two Democratic members, serves staggered five-year terms. The term of current Chairman Robert Battista expires on December 16. Two other Board members, Democrat Dennis Walsh and Republican Peter Kirsanow, are presidential recess appointees who may only serve until the sine die adjournment of Congress in mid-December. Both Walsh, a former Clinton nominee renominated in April 2005 by President Bush, and Kirsanow, initially nominated by President Bush in November 2005, are awaiting Senate confirmation. The NLRB, which had 207 cases pending as of September 30, may experience significant delays in case processing if the impending Board vacancies are not filled.