September 24, 2021

Volume XI, Number 267

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BREAKING: President Biden Nominates Union-Side Attorney Gwynne Wilcox to Fill NLRB Seat

On Wednesday, May 26, 2021, President Biden nominated Gwynne Wilcox to fill the last remaining vacancy on the National Labor Relations Board (“Board”).  If confirmed by the Senate, Wilcox would be the second Democrat on the Board, joining Board Chair Lauren McFerran (who had been a member of the Board since 2014, and was appointed chair on January 20, 2021).  Wilcox is a senior partner at the Union-side labor and employment firm of Levy Ratner PC and serves as associate general counsel for the largest Local of the Service Employees International Union (“SEIU”).  Wilcox is the first African-American woman ever appointed to the Board.

It is unclear how long the confirmation process will take.  Even if Wilcox is confirmed by the Senate, the Board will continue to have a majority of Republican members until William Emanuel’s term expires in August 2021.  President Biden is then expected to nominate another Democratic candidate to fill Member Emanuel’s vacancy, and if the nominee is confirmed, the Board will tilt to a 3-2 majority of Democrats.  As we have discussed previously, once that occurs, the Board is expected to reverse a number of decisions issued during the Trump Administration.

We will continue to follow Wilcox’s nomination and potential confirmation.  Stay tuned!

© 2021 Proskauer Rose LLP. National Law Review, Volume XI, Number 146
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About this Author

Mark Theodore, Employment Attorney, Proskauer Rose
Partner

Mark Theodore is a partner in the Labor & Employment Law Department. He has devoted his practice almost exclusively to representing management in all aspects of traditional labor law matters throughout the U.S. 

Some highlights of his career include:

  • Successfully negotiated the first contract for a shipping agency during constant threat by union to shut down Port of Los Angeles

  • Successfully defended a major theme park when the NLRB sought bargaining order after the union...

310-284-5640
Joshua Fox Labor & Employment Attorney Proskauer Rose
Associate

Joshua Fox is an associate in the Labor & Employment Law Department and a member of the Labor-Management Relations Group. He represents a diverse range of clients, including professional sports leagues and teams, hotels, hospitals, and pipe line contractors, among many others, in collective bargaining, administration of their collective bargaining agreements, arbitrations and matters before the National Labor Relations Board.

In particular, Josh has extensive experience representing professional sports leagues, including Major League...

212.969.3507
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