May 23, 2018

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May 21, 2018

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NLRB Gains A New Member As Marvin E. Kaplan Is Sworn In

The NLRB announced today that Marvin E. Kaplan was sworn in as the agency’s newest Board member.  Member Kaplan’s term expires August 27, 2020.  The Board complement now stands at four of five members.  Congress delayed confirmation of the President’s other appointee, William Emanuel, until at least September.  Assuming Mr. Emanuel is confirmed when Congress returns the Board will have a full complement for the first time in several months.  Having five members may only last for approximately 90 days, however, as Chairman Miscimarra recently announced he would leave when his appointment expires in December 2017.  So we can expect another appointment to the Board sometime in the Fall.

There exists a great deal of interest on what is happening at the Board.  Changes to case law can only occur when a majority of the panel agrees and as of this moment there is the possibility of a 2-2 split over the many legal issues currently dividing the labor relations community.

© 2018 Proskauer Rose LLP.


About this Author

Mark Theodore, Employment Attorney, Proskauer Rose

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