Senate to Reconsider NLRB Nominee Who Was Previously Withdrawn

By Ilyse Wolens Schuman and Michael J. Lotito

While attention was diverted to the eleventh-hour efforts to craft and pass a deal avoiding a fiscal crisis and reopening the federal government, Senate Majority Leader Harry Reid on Wednesday filed a motion to proceed with consideration of Richard Griffin, Jr., to be the General Counsel of the National Labor Relations Board.

Griffin was one of the three controversial recess appointees to the Board. In July, Griffin’s nomination to the Board was withdrawn – along with fellow recess appointee Sharon Block – as part of the Senate deal to confirm a full slate of Board candidates.

Was a long-time union attorney

Prior to his recess appointment to the Board, Griffin was a long-term attorney for the International Union of Operating Engineers (IUOE), acting as its general counsel toward the end of his tenure with the union. In addition, Griffin served on the board of directors for the AFL-CIO Lawyers Coordinating Committee for nearly two decades. Earlier in his career, Griffin worked as counsel to various Board members.

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Lafe Solomon has been serving as the Acting General Counsel since June 21, 2010. The Senate will vote on the motion to proceed with final consideration of Griffin’s nomination on Monday, Oct. 28.

This was originally published on Littler Mendelson’s D.C. Employment Law Update blog. © 2013 Littler Mendelson. All Rights Reserved. Littler®, Employment & Labor Law Solutions Worldwide® and ASAP® are registered trademarks of Littler Mendelson, P.C.

Michael J. Lotito is the co-chair of Littler Mendelson's Workplace Policy Institute that provides advocacy services for clients, associations, and policy leaders on all workplace concerns, and a shareholder in the San Francisco office of the labor law firm. Contact him at lyse Wolens Schuman is a shareholder in Littler's Washington, D.C. office, and a member of the firm's Government Affairs practice. She works with employers in multiple industries, including trade associations, and leads the firm's Legislative and Regulatory practice. Contact her at


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