During a relatively sedate hearing to consider the nomination of
Lauren McFerran to serve as a member of the National Labor
Relations Board, the issue of joint employment and franchisor
liability took center stage, at least for the Republican members of
the Senate Committee on Health, Education, Labor and Pensions
(HELP).
Last week President Obama surprised many by withdrawing his
nomination of former NLRB recess appointee Sharon Block and
nominating McFerran, the HELP Committee's chief labor counsel,
to replace outgoing member Nancy Schiffer, whose term expires on
December 16, 2014. HELP Committee Chairman Tom Harkin (D-IA) began
the hearing by noting the Committee had approved Sharon Block's
nomination, but lamented "it was withdrawn in the face of
circumstances totally beyond her control." Ranking member
Lamar Alexander (R-TN), however, considered the withdrawal of
Block's nomination a "gesture of respect" to the
Senate following the Supreme Court's decision in
