On the same day that furloughed federal government employees are returning to work, it is being reported that a roll call vote will be scheduled in the Senate to invoke cloture (i.e., end debate) on the nomination of Richard Griffin to be General Counsel of the NLRB.  The vote is reportedly scheduled for 5:30 p.m. on Monday, Oct. 28, 2013. 

We assume that cloture will be invoked at that time and that the Senate will then proceed to a vote on Mr. Griffin’s nomination.  If confirmed as expected, he will be sworn in some time following the vote and his commissioning by the President, but the exact date is not known.  When he is sworn in he will be the new and confirmed NLRB General Counsel. 

Of course, this is Washington and it is in the Congress, so anything could happen.  But this is what is expected and likely to happen.