President Obama has announced his intent to re-name Mark Gaston Pearce as Chairman of the National Labor Relations Board (NLRB), as well as seat Harry I. Johnson, III and Philip A. Miscimarra as new members. It is likely that all three nominees will be presented to the Senate as a package. However, it remains to be seen if, and when, the Senate will act on their nominations.

According to the White House announcement, both Johnson and Miscimarra – who would fill the two Republican seats of the five-member Board – have worked as private sector labor law attorneys for a number of years. Johnson earned his undergraduate degree from Johns Hopkins University, a Master of Arts in Law and Diplomacy (M.A.L.D.) from Tufts University’s Fletcher School of Law and Diplomacy, and a law degree from Harvard Law School. Miscimarra earned his undergraduate degree from Duquesne University, an M.B.A. from the University of Pennsylvania’s Wharton School of Business, and a law degree from the University of Pennsylvania Law School.

In February, the President re-nominated Democrats Sharon Block and Richard Griffin to the Board after a court ruled that their recess appointments were unconstitutional. With the current authority of the Board called into question, a cloud of uncertainty hangs over the NLRB as the government has sought review of decision by the Supreme Court. In fact, this week the House of Representatives is scheduled to vote on a bill that would suspend many Board activities until this issue is resolved. Pearce, however, has gone on record vowing that the Board will continue to perform its statutory duties and issue decisions – a position that has generated significant criticism.

Given the extreme polarization of views towards the NLRB, however, it is unclear how the submission of the new package of nominees to the Senate will be received. Chairman Pearce has been at the Board’s helm since August 2011, and has served as a Board member since March 2010. Because Pearce has spearheaded several of the Board’s more controversial efforts in recent years – including the expedited election and notice-posting rules – his re-confirmation is far from assured.

In the nomination announcement, however, President Obama said: “With these nominations there will be five nominees to the NLRB, both Republicans and Democrats, awaiting Senate confirmation. I urge the Senate to confirm them swiftly so that this bipartisan board can continue its important work on behalf of the American people.” Senator Lamar Alexander (R-TN), Ranking Member of the Senate Committee on Health, Education, Labor and Pensions, issued the following statement on the new nominations: “As tradition requires, the president has properly nominated two Republicans to serve on the National Labor Relations Board. It is now the Senate’s role to exercise advice and consent on the nominees. As the Senate considers the nominees, the two individuals who were unconstitutionally appointed should leave, because the decisions in which they continue to participate are invalid.”