Hearing Set Before Senate Committee on NLRB Nominations
Updating our June 19 post, as expected, President Trump nominated Marvin Kaplan and William Emanuel to fill the two currently-vacant seats on the National Labor Relations Board. A hearing on their nominations is now scheduled for July 13 before the Senate Health, Education, Labor & Pensions (HELP) Committee. If recommended by the HELP committee, the nominees would be put to confirmation votes before the full Senate. Given that the nominees are both Republicans and that they are well-regarded and respected labor practitioners, confirmation from the Republican-majority Senate is anticipated. If confirmed, Mr. Kaplan and Mr. Emanuel would join current NLRB Chairman Phillip Miscimarra to give the NLRB its first Republican majority in nearly nine years. Once that happens, most expect that the decisions coming out of the NLRB will significantly shift from, if not abandon or overrule, many decisions issued by the Obama-appointed NLRB which have vexed employers, including those relating to workplace rules and policies, joint employer liability, and appropriate bargaining unit determinations, to highlight just a few. It is also possible if not likely that the highly-unpopular revisions to the representation case election rules (often described as the “ambush” election rules) that were implemented by the NLRB in 2015 could see further revision by the new Trump NLRB in the form of rolling back some of the more controversial aspects of those rules, including the shortened deadlines, increased disclosure of employee information, and limitation on pre-election litigation of election issues.