Mark Gaston Pearce | |
---|---|
Member of the National Labor Relations Board | |
In office April 7, 2010 – August 27, 2018 | |
President | Barack Obama Donald Trump |
Succeeded by | Gwynne Wilcox |
Chairman of the National Labor Relations Board | |
In office August 28,2011 –January 22,2017 | |
President | Barack Obama Donald Trump |
Preceded by | Wilma B. Liebman |
Succeeded by | Philip A. Miscimarra |
Personal details | |
Born | Brooklyn,New York |
Political party | Democratic |
Education | Cornell University University at Buffalo Law School |
Mark Gaston Pearce is an American lawyer,arbitrator and university professor who is best known for serving as a member of the National Labor Relations Board (NLRB). Pearce was designated chairman of the board by President Barack Obama on August 28,2011,and served as chairman until January 22,2017. He currently is a visiting professor and the executive director of the Workers' Rights Institute at Georgetown University Law Center.
Pearce was born in Brooklyn,New York,the son of Jamaican and Cuban immigrants. [1] He attended and later graduated from Erasmus Hall High School in 1971. Pearce received a bachelor's degree in government from Cornell University in 1975 and a Juris Doctor from the University at Buffalo Law School in 1978.
Following his graduation from University at Buffalo,Pearce was admitted to the New York Bar in 1979 and began his career at the NLRB as an attorney,and later as district trial specialist in the board's regional Buffalo office. He remained with the NLRB until 1994,after which he left for private practice,cofounding the firm Creighton,Pearce,Johnsen &Giroux. [2] Pearce then served by appointment of the governor of New York State to the New York State Industrial Board of Appeals,as well as on several state committees and commissions. He also was a certified mediator for the United States District Court for the Western District of New York. On August 23,2021 Pearce was designated by President Biden to serve as a panel member on the Federal Labor Relations Authority [3] Federal Service Impasse Panel. [4] He is currently a member of the National Academy of Arbitrators [5] and is a panel arbitrator for the American Arbitration Association and the Federal Mediation and Conciliation Service (United States). He has lectured and given continuing legal education presentations before state and national bar associations,labor management organizations and educational institutions throughout the country. Pearce has received numerous honors and recognition from labor and community organizations. In 2022 Pearce was honored by the Peggy Browning Fund [6] for his achievements on behalf of workers. Previously he received special recognition from the Lawyers Coordinating Committee of the AFL–CIO;was placed on the Honor Roll of the National Employment Law Project (NELP) and was bestowed the Leadership Award from the Western New York Council on Occupational Safety and Health.
President Barack Obama appointed Pearce as a Member of the NLRB on April 7,2010,and he was confirmed by the United States Senate on June 22,2010. [7] Obama initially sent his nomination of Pearce to the United States Senate alongside his nomination of Craig Becker in July 2009. The appointment was opposed by Senate Republicans and the United States Chamber of Commerce delaying a Senate confirmation vote on Pearce and Craig. Obama eventually nominated Pearce and Craig by recess appointment. [8]
Pearce was named chairman of the NLRB on August 27,2011. [7] Like the NLRB's legacy during the Obama years as a whole,Pearce's tenure as NLRB chairman has been characterized by business groups as favorable to labor unions. [9] [10] [11] During Pearce's tenure as chairman,the board had to address social media policies,joint-employer business models and “nontraditional”employment models as new areas of focus for the agency. The board had to consider how “nontraditional”employment models have changed the board’s focus in recent years. In an October 2016 speech at Cornell University's Law School,Pearce observed that the rise in the number of temporary workers and staffing agencies,as well as franchises,subsidiaries and other business types has caused the NLRB's job to increasingly become twofold. “It’s not enough that we must be cognizant of [the employer’s] profile,”he said. “Under today’s business model,we’re asked to determine employment relationship. Not only do we have to figure out who the employee is,we have to figure out who’s their employer.” [12] Pearce was among the board majority in the NLRB case Browning-Ferris Industries of California Inc. [13] responsible for expanding the definition of joint employer to include employers who,through reserve and indirect means,share or codetermine the essential terms and conditions of employment of statutory employees.
In addition to his legal career,Pearce is an accomplished oil painter. He formerly served on the board of directors of Buffalo Arts Studio and the advisory council of the Burchfield Penney Art Center and has exhibited at several venues throughout the years,including Images of Us By Us,Burchfield Penney Art Center,March –April 2018 (contributing artist); Art Expo and opening of the Buffalo Museum of Science's Lillian P. Benbow Visual Arts Gallery,April 2016 (contributing artist);Buffalo Arts Council Hope &Honor,New Paintings by Mark Pearce,February –March 2002 (solo exhibition);Making the Connection –Collaboration of the WNY Martin Luther King Jr. Commission,the Theodore Roosevelt Inaugural Site and The Burchfield Penney Art Center –January 1999 (contributing artist);Exhibition of Local African-American Artists;Ikenga Gallery,1993 (contributing artist). [14]
The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States that enforces U.S. labor law in relation to collective bargaining and unfair labor practices. Under the National Labor Relations Act of 1935,the NLRB has the authority to supervise elections for labor union representation and to investigate and remedy unfair labor practices. Unfair labor practices may involve union-related situations or instances of protected concerted activity.
The Public Employees Fair Employment Act,more commonly known as the Taylor Law,is Article 14 of the state Civil Service Law,which defines the rights and limitations of unions for public employees in New York.
Card check,also called majority sign-up,is a method for employees to organize into a labor union in which a majority of employees in a bargaining unit sign authorization forms,or "cards",stating they wish to be represented by the union. Since the National Labor Relations Act (NLRA) became law in 1935,card check has been an alternative to the National Labor Relations Board's (NLRB) election process. Card check and election are both overseen by the National Labor Relations Board. The difference is that with card sign-up,employees sign authorization cards stating they want a union,the cards are submitted to the NLRB and if more than 50% of the employees submitted cards,the NLRB requires the employer to recognize the union. The NLRA election process is an additional step with the NLRB conducting a secret ballot election after authorization cards are submitted. In both cases the employer never sees the authorization cards or any information that would disclose how individual employees voted.
The Employee Free Choice Act is the name for several legislative bills on US labor law which have been proposed and sometimes introduced into one or both chambers of the U.S. Congress.
A whipsaw strike is a strike by a trade union against only one or a few employers in an industry or a multi-employer association at a time. The strike is often of a short duration,and usually recurs during the labor dispute or contract negotiations—hence the name "whipsaw".
NLRB v. Truck Drivers Local 449,353 U.S. 87 (1957),is an 8-0 decision by the Supreme Court of the United States in which the Court held that a temporary lockout by a multi-employer bargaining group threatened by a whipsaw strike was lawful under the National Labor Relations Act (NLRA),as amended by the Taft-Hartley Act.
NLRB v. Mackay Radio &Telegraph Co.,304 U.S. 333 (1938),is a United States labor law case of the Supreme Court of the United States which held that workers who strike remain employees for the purposes of the National Labor Relations Act (NLRA). The Court granted the relief sought by the National Labor Relations Board,which sought to have the workers reinstated by the employer. However,the decision is much better known today for its obiter dicta in which the Court said that an employer may hire strikebreakers and is not bound to discharge any of them if or when the strike ends.
Joseph Warren Madden was an American lawyer,judge,civil servant,and educator. He served as a judge of the United States Court of Claims and was the first Chairman of the National Labor Relations Board. He received the Medal of Freedom in 1947.
Harold Craig Becker,known professionally as Craig Becker,is an American labor attorney,a former member of the National Labor Relations Board,and currently the Senior Counsel to the AFL–CIO.
Wilma B. Liebman is an American lawyer and civil servant who is best known for serving as a member of the National Labor Relations Board (NLRB). She was designated chair of the board by President Barack Obama on January 20,2009,becoming only the second woman to lead the NLRB.
Harry Alvin Millis was an American civil servant,economist,and educator and who was prominent in the first four decades of the 20th century. He was a prominent educator,and his writings on labor relations were described at his death by several prominent economists as "landmarks". Millis is best known for serving on the "first" National Labor Relations Board,an executive-branch agency which had no statutory authority. He was also the second chairman of the "second" National Labor Relations Board,where he initiated a number of procedural improvements and helped stabilize the Board's enforcement of American labor law.
Lafe E. Solomon was named the Acting General Counsel of the National Labor Relations Board (NLRB) on June 21,2010,by President Barack Obama. His nomination to serve as General Counsel was sent to the U.S. Senate on January 5,2011. On August 1,2013,President Obama withdrew his nomination,instead choosing to nominate Richard Griffin,Jr. for the position. The action came about as a result of a compromise between Senate Republicans and the White House concerning nominations to the NLRB.
John Cushman Truesdale Jr. was an American lawyer and civil servant who served two terms as executive secretary of the National Labor Relations Board,four terms as a board member,and one term as board chair.
Guy Otto Farmer was an American lawyer and civil servant. He was Chairman of the United States National Labor Relations Board from July 1953 to August 1955. After leaving government service,he represented the Bituminous Coal Operators Association,the collective bargaining arm of the bituminous coal mining industry in the United States.
National Labor Relations Board v. Noel Canning,573 U.S. 513 (2014),was a United States Supreme Court case in which the Court unanimously ruled that the President of the United States cannot use his authority under the Recess Appointment Clause of the United States Constitution to appoint public officials unless the United States Senate is in recess and not able to transact Senate business. The Court held that the clause allows the president to make appointments during both intra-session and inter-session recesses but only if the recess is of sufficient length,and if the Senate is actually unavailable for deliberation,thereby limiting future recess appointments. The Court also ruled that any office vacancy can be filled during the recess,regardless of when it arose. The case arose out of President Barack Obama's appointments of Sharon Block,Richard Griffin,and Terence Flynn to the National Labor Relations Board and Richard Cordray as the director of the Consumer Financial Protection Bureau.
William Emanuel is an American lawyer and government official who formerly served as a member of the National Labor Relations Board. Prior to assuming that role,he was a shareholder at the law firm Littler Mendelson.
Philip Andrew Miscimarra is a partner in the labor and employment practice of Morgan,Lewis &Bockius LLP,and he is a former American government official who served as the chairman of the National Labor Relations Board (NLRB). He first joined the NLRB as a board member appointed by President Barack Obama in 2013,and he was named chairman by President Donald J. Trump in 2017. Prior to his appointment to the NLRB,he worked as a Morgan Lewis partner in Chicago. After his service on the NLRB ended,Miscimarra joined Morgan Lewis in Washington,D.C.,and Chicago. Miscimarra is also a senior fellow in the Wharton Center for human resources at the University of Pennsylvania's Wharton School.
John F. Ring is a corporate lawyer and a former United States government official. He was a member of the National Labor Relations Board from 2018 to 2022,and was its chair from 2018 to 2021. He was formerly co-chair of the labor and employment law practice at Morgan,Lewis &Bockius,a pro-management law firm,where his practice included representing employers in collective bargaining,labor contracts,multi-employer benefit funds and corporate restructurings.
Sharon Block is an American attorney,government official,labor policy advisor and law professor who served during the Biden administration as the Associate Administrator delegated the duties of the Administrator of the Office of Information and Regulatory Affairs from January 20,2021,to February 1,2022. During the Obama administration,Block served on the National Labor Relations Board and in the United States Department of Labor and the White House. She currently serves as a professor of practice and the executive director of the Labor and Worklife Program at Harvard Law School.
Lauren McFerran is an American lawyer and government official who is a member and chairman of the National Labor Relations Board. She is one of three Democrats currently serving on the board. Prior to serving on the board,she worked as a law clerk,in private practice,and as a labor lawyer for the Senate Committee on Health,Education,Labor,and Pensions.