NLRB, EEOC Members Sworn In

Posted on April 8, 2010 by Ilyse Schuman

Swearing inThe National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC) moved a step closer to full capacity this week when Craig Becker and Mark Pearce were sworn in as NLRB members, and Jacqueline A. Berrien and Chai Feldblum assumed their positions as Chair and Commissioner, respectively, at the EEOC. These individuals were among the 15 recess appointments made over the recent legislative break.

According to an NLRB press release, (pdf) Becker and Pearce also named their chief counsels. Becker – whose controversial academic writings have espoused admittedly radical changes to labor law – has named Peter D. Winkler as his chief counsel. Winkler has worked at the NLRB for more than 30 years, and has served as chief counsel to both Democrat and Republican Board members. Becker’s choice of Winkler could be seen as a deliberate move to appear more moderate than his past scholarly positions have indicated.

Fellow Democrat Pearce has selected Kent Y. Hirozawa as his chief counsel. Hirozawa is a labor-side attorney at a private law firm. Prior to entering private practice, Hirozawa worked as a field attorney for Region 2 of the NLRB.

Now that both Pearce and Becker have been sworn in, there remains only one vacant seat on the 5-member Board. Although Republican Brian Hayes has been nominated to fill that spot, he was not among the 15 people appointed during the recent recess. Other sitting NLRB members include Chair Wilma Liebman (D) and Peter Schaumber (R).

As for the EEOC, Berrien and Feldblum join Commissioners Stuart J. Ishimaru and Constance S. Barker. Victoria Lipnic, who was also given a recess appointment to be an EEOC Commissioner, will be sworn in later this month. Fellow recess appointee P. David Lopez is expected to be sworn in as EEOC General Counsel today.

Photo credit: Biffspandex.com
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HELP Committee Approves EEOC Nominees

Posted on December 11, 2009 by Ilyse Schuman

Emblem of the EEOCYesterday, the Senate Committee on Health, Education, Labor and Pensions (HELP) approved the nominations of Jacqueline Berrien to head the Equal Employment Opportunity Commission (EEOC), and Victoria Lipnic and Chai Feldblum to be EEOC Members. The HELP Committee also approved the nomination of P. David Lopez to be the EEOC’s General Counsel.

In a statement (pdf), HELP Committee Chairman Sen. Tom Harkin (D-Iowa) said: “At this time of challenge, Americans need committed, capable public servants working full time on their behalf,” adding, “These nominees will serve Americans by protecting workers from discrimination, facilitating public service and preserving our rich national traditions in the humanities. I am pleased to move their nominations forward.”

If the Senate confirms all three EEOC members, the remaining two seats of the five-member Commission will be filled by current Acting Chairman Stuart Ishimaru and Constance Barker, the sole Republican EEOC member. Acting Vice Chair Christine Griffin has already been confirmed to serve as the deputy director of the Office of Personnel Management (OPM). Once her successor is confirmed, she will leave the EEOC for her new position at the OPM.

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Legislative and Regulatory News for the Weeks of July 5 & 12

Posted on July 18, 2009 by Governmental Affairs Team

The following is a summary of the employment- and labor-related legislative and regulatory news for the weeks of July 5 and July 12, 2009:

Agency Changes

Obama announced his intent to nominate Jacqueline Berrien as Chair of the Equal Employment Opportunity Commission (EEOC).

Brian Hayes was nominated to be a Member of the National Labor Relations Board (NLRB). His nomination – along with those of the other two NLRB nominees – were sent to the Senate for consideration.

The Department of Labor’s Employment Standards Administration (ESA) will be abolished, and the leaders of the four sub-agencies within the ESA will report directly to the Secretary of Labor.

EFCA

Democratic senators may be dropping the “card check” provision in EFCA in order to gain support for its passage.

Health Care

House Democrats formally unveiled their 1,018-page healthcare overhaul bill, which the House Committees on Ways and Means and Education and Labor passed on July 17.  Meanwhile, the Senate Committee on Health, Education, Labor and Pensions voted to approve the Senate healthcare package.

In other health care news, Rep. Paul Hodes (D-NH) introduced the Small Business Health Care Affordability Act of 2009, a bill that would provide small businesses and their employees with tax credits for health insurance coverage.

Immigration

The Senate voted to accept amendments to the Department of Homeland Security’s (DHS) appropriations bill that would prevent the DHS from revoking its “No-Match” rule, and make E-Verify and the EB-5 visa programs permanent.

Labor-Management Relations

Proposed regulations implementing Obama’s Executive Order promoting the use of Project Labor Agreements (PLAs) were published in the Federal Register. Meanwhile, the Office of Management and Budget (OMB) issued a memo to government agencies encouraging the use of PLAs until a final rule is implemented.

Work/Family Balance

Rep. Lynn Woolsey (D-CA) introduced the Balancing Act of 2009, a comprehensive working family bill that incorporates a number of previously-introduced family and medical leave legislation.

Rep. Ron Wyden (D-OR) introduced the Military Family Leave Act of 2009, a bill that would grant family members of uniformed service members temporary annual leave for the member’s deployment.

Sen. Patty Murray (D-WA) introduced the Airline Flight Crew Technical Corrections Act, a bill that would change FMLA hours of service requirements for airline employees.
 
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Obama Names Jacqueline A. Berrien as His Pick to Head the EEOC

Posted on July 17, 2009 by Jay Sumner

President Obama has announced his intent to nominate Jacqueline Berrien as Chair of the Equal Employment Opportunity Commission (EEOC). Berrien currently serves as Associate Director-Counsel of the NAACP Legal Defense and Educational Fund (LDF). According to the White House press release on her nomination, Berrien worked as a Program Officer in the Ford Foundation’s Peace and Social Justice Program from 2001 to 2004. Before that, Berrien was an assistant counsel with LDF and directed the Fund’s voting rights and political participation work. According to biographical information provided by the NAACP, as assistant counsel Berrien represented African-American voters in proceedings before the U.S. Supreme Court, the U.S. Courts of Appeals and the U.S. District Courts. Prior to working for the LDF, Berriern was a staff attorney with the Lawyers' Committee for Civil Rights and the American Civil Liberties Union. Additionally, Berrien has taught in trial advocacy programs at Fordham and Harvard law schools and served on the adjunct faculty of New York Law School. After graduating law school, Berrien clerked for the Honorable U.W. Clemon, the first African-American appointed to the U.S. District Court in Birmingham, Alabama.

Berrien earned her law degree from Harvard Law School, where she served as a General Editor of the Harvard Civil Rights-Civil Liberties Law Review, and received her undergraduate degree from Oberlin College.

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