No. 15-1251 In the Supreme Court of the United States NATIONAL LABOR RELATIONS BOARD, PETITIONER v. SW GENERAL, INC., DOING BUSINESS AS SOUTHWEST AMBULANCE ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT BRIEF FOR THE PETITIONER IAN HEATH GERSHENGORN Acting Solicitor General Counsel of Record BENJAMIN C. MIZER Principal Deputy Assistant Attorney General EDWIN S. KNEEDLER Deputy Solicitor General BETH S. BRINKMANN Deputy Assistant Attorney RICHARD F. GRIFFIN, JR. General General Counsel RACHEL P. KOVNER JENNIFER ABRUZZO Assistant to the Solicitor Deputy General Counsel General JOHN H. FERGUSON DOUGLAS N. LETTER Associate General Counsel SCOTT R. MCINTOSH LINDA J. DREEBEN BENJAMIN M. SHULTZ Deputy Associate General Attorneys Counsel Department of Justice National Labor Relations Washington, D.C. 20530-0001 Board
[email protected] Washington, D.C. 20570 (202) 514-2217 QUESTION PRESENTED Many important government posts must be filled by persons who are nominated by the President and confirmed by the Senate. The Federal Vacancies Re- form Act of 1998 (FVRA), 5 U.S.C. 3345 et seq., pro- vides that when such an office is vacant, its functions and duties may be performed temporarily in an acting capacity by either the first assistant to the vacant post, under Section 3345(a)(1); a person occupying another office in the Executive Branch that is required to be filled through the process of presidential appointment and Senate confirmation, who is designated by the President under Section 3345(a)(2); or a senior official in the same agency designated by the President under Section 3345(a)(3).