List of Chairs of the National Labor Relations Board
The National Labor Relations Board (NLRB) has five Members, each of whom serves for a five-year term. Terms are staggered so that one Member's term expires each year (although delays in nominations and confirmation, as well as the use of recess appointments, can upset this schedule). Members are nominated by the President of the United States and confirmed by the United States Senate. Traditionally, a majority of the board belongs to the President's political party. The President designates the Chair from one of the existing Members. The Chair serves at the pleasure of the President, and may be demoted without cause or warning at any time.
Blue Man Vegas, LLC v. NLRB
Ginsburg writes in his opinion for the court that the Labor Board is primarily concerned with whether the employees within a proposed bargaining unit are members of a subjective "community of interest", and thus bargaining unit determinations should be made on a case-by-case basis, using the provisions of the National Labor Relations Act as a guide. With respect to this standard, the decisions of the National Labor Relations Board generally rely on a loose "prima facie" standard of appropriateness. The employer has a resultant and corresponding burden to show that said bargaining unit is "truly inappropriate," which may mean, for example, that there exists no legitimate reasoning for excluding certain individual or a class of employees from it. That is, if the excluded employees share a reasonable community of interest with included employees, there exists no legitimate reason for excluding them from the bargaining unit.