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GAO-23-105889 1 (2023-03-28)

handle is hein.gao/gaookc0001 and id is 1 raw text is: GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 March 28, 2023 The Honorable Bill Cassidy Ranking Member Committee on Health, Education, Labor and Pensions United States Senate The Honorable Virginia Foxx Chairwoman Committee on Education and the Workforce House of Representatives NATIONAL LABOR RELATIONS BOARD: New Protocols Aim to Prevent Errors When Swearing in Board Members The National Labor Relations Board (NLRB) is a federal agency in the executive branch, created to administer and enforce the National Labor Relations Act of 1935.1 NLRB is headed by a five-member Board and General Counsel. Each Board member is to be appointed in accordance with the Appointments Clause of the U.S. Constitution,2 which mandates that Officers of the United States whose appointments are established by law be nominated by the President and confirmed by the Senate. After the President nominates an individual to be a member of the Board, the Senate determines whether to confirm the nomination. If the Senate confirms the nomination, the President can then appoint the confirmed nominee to the position. The appointment is typically memorialized by a signed presidential commission. The President may sign the commission at any time after confirmation, at which time the appointment becomes official.3 The appointee then takes the oath of office to be sworn in as a Board member, with full authority to carry out the responsibilities of the office, for a term of five years. On July 28, 2021, a nominee to the Board was confirmed by the Senate, and on August 28, 2021, the Chairman of the NLRB administered the oath of office to swear in the nominee. On September 22, 2021, twenty-five days after the confirmed nominee was sworn in and began serving as a member of the Board, the White House informed NLRB that the President had signed the nominee's presidential commission, effectuating his appointment as a Board member. After the confirmed nominee received his signed presidential commission on 1The National Labor Relations Act of 1935, as amended, encourages the practice of collective bargaining, protects the rights of employees in this area, and seeks to eliminate unfair labor practices. Pub. L. No. 74-198, 49 Stat. 449 (codified at 29 U.S.C. §§ 151-169). 229 U.S.C. § 153(a) ([The Board shall consist of five... members, appointed by the President by and with the advance and consent of the Senate.). 3Congressional Research Service, Appointment and Confirmation of Executive Branch Leadership: An Overview, Report R44083 (Washington, D.C.: Mar. 17, 2021). GAO-23-105889 Changes in NLRB Membership Page 1

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