President Obama’s actions regarding the National Labor Relations Board (NLRB) have once again come under fire, this time requiring the Supreme Court to weigh in with a decision. In 2010, Obama nominated Lafe Solomon as General Counsel for the NLRB. This position must be confirmed by the Senate. While congress reviewed the appointment, Obama made Solomon the Acting General Counsel, a position he continued to hold after congress declined Obama’s appointment.
The Obama administration allowed Solomon to continue in his position until 2013 based on a reading of the Federal Vacancies Reform Act. Under the act, persons who are serving in one of three types of positions can be named as an “acting” officer for a position requiring Senate confirmation. These include certain senior-level officials, the first assistant to that position, and other persons currently in positions which require confirmation. Solomon, when he was designated “acting,” was a senior-level official, but was not the first assistant nor was he serving in a position requiring confirmation.
The D.C. Circuit, in interpreting the act, held that because Solomon was not the first assistant he could not continue to hold the “acting” position while also being the nominee. This is the statutory interpretation issue the Supreme Court will decide. Read more about it in Nathan Mehrens’s full length article published in The Star by clicking here. Nathan, pictured, is Executive Vice President for RWP Labor’s Research Division.
