Federal Position Descriptions
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Board Member

Board Member, National Labor Relations Board
Responsibility
Management Scope

In fiscal 2015, the NLRB had $271 million in budget outlays and 1,587 employees.5 Each board member has about 17 lawyers in their personal staff.

Primary Responsibilities

• Serves as an appellate court in deciding whether or not to uphold the decisions of administrative law judges; cases are brought to the board by the NLRB general counsel, who oversees the prosecution of cases before administrative law judges
• Decides whether employees should be represented by a union when the results from an employee election to form a union are either disputed or inconclusive (for example, a dispute over whether 50 percent plus one of employees want a union)
• Note: The president designates a board member to serve as chairman (29 U.S.C. § 153)

Strategic Goals and Priorities
• To expeditiously and fairly decide cases
Requirements

• Board requirements:
• Since the board become a five-member board in 1947, it has consisted of three members of the president’s political party and two members of the other major political party
• Board members cannot continue to serve beyond their five-year term until replaced, but members can be reappointed
• Candidate requirements:
• Knowledge and experience with labor law
• Ability to act in a judicious capacity as an appellate judge
• Law degree (extremely common)

Competencies

• High level of integrity
• Ability to function in a nonpartisan fashion
• Neutral and unbiased
• Strong sense of professional ethics
• Ability to relate well with fellow board members and work collaboratively

Past Appointments
  • Lauren McGarity McFerran (2014 to 2017): Deputy Staff Director/Chief Labor Counsel, Senate Committee on Health, Education, Labor and Pensions; Labor and Pensions Policy Director, Senate Committee on Health, Education, Labor and Pensions; Senior Counsel, Senate Committee on Health, Education, Labor and Pensions6
  • Nancy Jean Schiffer (2013 to 2017): Associate General Counsel, American Federation of Labor and Congress of Industrial Organizations; Associate General Counsel and Deputy General Counsel with the United Auto Workers; Associate General Counsel, American Federation of Labor and Congress of Industrial Organizations7
  • Mark Gaston Pearce (2010 to 2017): Member, Industrial Board of Appeals, Department of Labor, State of New York; Founding Partner, Creighton, Pearce, Johnsen & Giroux; Attorney and District Trial Specialist, Region 3 – Buffalo, New York, Offices of the Board, National Labor Relations Board8
AGENCY

National Labor Relations Board

Mission: The National Labor Relations Board (NLRB) is an independent federal agency that protects the rights of private-sector employees to join together, with or without a union, to improve their wages and working conditions.1

COMPENSATION

Level IV $155,500 (5 U.S.C. § 5315)4

REPORTS TO

Any member of the board may be removed by the president, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause. (29 U.S.C. § 153)

SENATE COMMITTEE

Health, Education, Labor and Pensions

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Footnote
  1. https://www.nlrb.gov/who-we-are
  2. https://www.nlrb.gov/who-we-are
  3. OPM
  4. The Consolidated Appropriations Act, 2017 (Public Law 115-31, May 5, 2017), contains a provision that continues the freeze on the payable pay rates for certain senior political officials at 2013 levels during calendar year 2017.
  5. Leadership Directories:https://lo.bvdep.com/OrgDocument.asp?OrgId=-1&LDIBookId=19&LDIOrgId=155352&LDISecId=201&FromRecent=0&Save=1&Position=-1#O155352
  6. Leadership Directories:https://lo.bvdep.com/PeopleDocument.asp?PersonId=-1&LDIPeopleId=638268&Save=1
  7. https://www.nlrb.gov/who-we-are/board/nancy-j-schiffer
  8. Leadership Directories:https://lo.bvdep.com/PeopleDocument.asp?PersonId=-1&LDIPeopleId=891608&Save=1
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