Nominations have been forward for OSC, MSPB, and the FLRA. Image: Tada Images/Shutterstock.com
President Biden has resubmitted to the Senate nominations to fill key positions overseeing the federal workforce, at the Office of Special Counsel, Merit Systems Protection Board and Federal Labor Relations Authority.
The nominee for the OSC is Hampton Y. Dellinger, whose positions have included Justice Department assistant attorney general overseeing the office of legal policy, deputy attorney general in the North Carolina Department of Justice, and chief legal counsel in the office of the North Carolina Governor.
He would replace Henry Kerner, who left that position last fall at the end of a one-year holdover period following the expiration of his regular term. Kerner in turn has been nominated to fill a seat on the three-member MSPB governing board that has been vacant since early last year.
With two members, the board has been able to continue issuing decisions, unlike the period in 2017-2021 when it was down to one member, then none. That resulted in a backlog of appeals of disciplinary actions and other workplace decisions appealable to the MSPB that the board has been working down. Both of the current members are Democrats; Kerner would fill the minority party seat.
The FLRA also has had a vacancy on its three-member board since early last year and is continuing to issue decisions in labor-management disputes where the two agree, but is split by party. Federal unions had been counting on the board with a majority under Biden to reverse a number of pro-management decisions it had made during the Trump administration with a 2-1 Republican majority.
Biden also renominated for another term the current Republican member, Colleen Duffy Kiko, who chaired the board under the Trump administration. A new nomination for the second Democratic seat on the FLRA is needed since a prior nominee withdrew last fall.
He also renominated Suzanne Elizabeth Summerlin, formerly with the general counsel’s office of the NFFE union, to be FLRA general counsel. That position oversees union representation elections in the federal workplace, decides which unfair labor practice complaints are brought before the FLRA board, and provides alternative dispute resolution services.
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