Anyone who is surprised by this just hasn’t been paying attention.
Senate Confirms Richard Griffin as General Counsel of NLRB
Griffin’s confirmation is notable because it marks the first time in over three years that the NRLB’s general counsel will act with Senate approval and consent. Griffin’s nomination, however, was somewhat surprising since he had been one of the board members whose January 2012 recess appointment was struck down by the D.C. Circuit’s Noel Canning ruling (and which is set for review by the Supreme Court this session).
After the decision, Obama renominated Griffin for his NRLB position, but eventually withdraw Griffin based on opposition from Senate Republicans and as part of the overall deal to avoid a dramatic change in the Senate’s filibuster rules.
http://www.industryweek.com/blog/senate-confirms-richard-griffin-general-counsel-nlrb