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Comings and Goings at the NLRB

Marvin Kaplan was sworn in on August 10, 2017 as a National Labor Relations Board Member for a term ending on August 27, 2020.  He succeeds Harry I. Johnson III, who served on the Board from August 12, 2013 to August 27, 2015.  Mr. Kaplan was confirmed by the Senate on August 2, 2017.  Previous to his appointment to the NLRB, Mr. Kaplan served as Chief Counsel to the Chairman of the Occupational Safety and Health Review Commission, as counsel for the House Committee on Oversight Government Reform and as policy counsel for the House Committee on Education and the Workforce.  He also worked at the U.S. Department of Labor’s Office of Labor Management Standards and in private law firm practice.

Member Kaplan’s swearing in comes just days after Philip Miscimarra, Chairman of the National Labor Relations Board, announced that he would not accept reappoinment to his position, and instead will leave the agency when his current term expires in December 2017.  Despite being encouraged by the Trump administration to be reappointed, in a communication to NLRB personnel, Mr. Miscimarra cited his desire to be with family as playing an important role in his decision.  Mr. Miscimarra, a Republican, joined the Board in 2013 after having been nominated by former President Barack Obama.  He was named acting chairman in late January, shortly after the inauguration of President Donald Trump, and the designation was made permanent in April 2017.

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About this Author

Daniel B. Pasternak, Squire Patton Boggs, Phoenix, Labor Litigation Layer

Dan Pasternak focuses his practice on litigating labor and employment claims, representing management in traditional labor relations matters, and working with employers to develop and enforce business-sensible policies and practices to effectively manage their human resources.

Dan represents employers before federal and state courts and administrative agencies, and in arbitration and mediation proceedings, in employment matters arising under the array of federal and state employment laws, including discrimination, harassment, retaliation,...

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