And the third leg of this week’s NLRB stool shows the business community continuing its strong opposition to the re-nomination of democrat and former Chairman Mark Gaston Pearce to another five year term on the National Labor Relations Board. Business groups are lobbying Senate Majority Leader Mitch McConnell (R-KY) hard in opposition to Pearce with the hope that the Senate will either delay or outright reject his confirmation to a term through August 2022. Gaston Pearce has served on the NLRB since 2010 and has been a consistent vote against business interests and he was Chairman when the agency decided to expand the joint employer definition in the aforementioned Browning Ferris decision. The appointment has taken on extra significance because of the possibility that republican appointees may have to recuse themselves from some cases in the future in light of past work at management-side law firms. Notwithstanding business objections, President Trump did, in fact, nominate Pearce for another term at the end of last month and it is believed he cut a deal with Senate democrats over the Pearce nomination in order to secure confirmation votes on a host of Trump appointments that were being delayed in the Senate. Perhaps one of those shaken free with Pearce’s re-nomination was IRS Commissioner Charles Rettig, who was confirmed by the Senate earlier this week on a vote of 64-33. The IRS has been without a full-time commissioner for almost a full year.