June 2, 2020

June 02, 2020

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June 01, 2020

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Balance of Power May Be Shifting at the NLRB

After an extended period of time without its full five-member complement, the NLRB may finally be moving toward capacity. In May, Congressional leaders asked President Trump to fill the long-standing vacancies. The board is currently comprised of just three members — one Republican (Chairman Philip Miscimarra) and two Democrats (members Mark Gaston Pearce and Lauren McFerran).

However, President Trump has announced his picks to fill the two open positions with, not surprisingly, two Republicans — William Emanuel, a management-side attorney from private practice, and Marvin Kaplan, an attorney with the Occupational Safety and Health Administration, who were both reportedly on a short list for some time. As a result, the board’s long-standing pro-employee tendencies may soon be a thing of the past. The nominations will need to be confirmed by the U.S. Senate.

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About this Author

Jason Clagg Labor & Employment Attorney
Partner

Jason Clagg is a labor and employment lawyer who also serves as vice chair of the firm's Higher Education group. Jason is personally dedicated to providing his clients with prompt attention and clear, definitive guidance.

With a practice focused exclusively on management interests, Jason routinely represents employers in state and federal court, before administrative agencies such as the Department of Labor (DOL), the National Labor Relations Board (NLRB), and the Equal Employment Opportunity Commission (EEOC), and in labor arbitrations. Jason has effectively represented management...

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