March 25, 2019

March 22, 2019

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NLRB Inches Closer to Having Full Panel

For some time now, the National Labor Relations Board (NLRB) has been operating with only three members, which is two short of the full five-member panel, but on July 19 there was some progress made toward reaching a full complement.  As described in more detail in this blog here and here, long-time management labor attorney William Emanuel and veteran government legal advisor Marvin Kaplan have been nominated by the Trump administration.

In a vote that, not surprisingly, fell along strict party lines, the Senate Health, Education, Labor, and Pensions Committee voted to advance the nominees to a full Senate confirmation vote. The committee sessions were not without some fireworks, the wide divide between the labor philosophies of those on each side was evident before and after the vote.

The confirmation of Emanuel and Kaplan would create a Republican majority on the Board so difference of opinions at the hearings is to be expected. It is anticipated by most observers that the nominees would join with NLRB Acting Chairman Philip Miscimarra to take a hard look at rolling back several controversial rulings from the previous administration, including those related to the timing of union elections and employer agreements to compel arbitration.



About this Author

Nathan Baker, Barnes Thornburg Law Firm, Indianapolis, Labor and Employment Litigation Attorney

Nathan Baker is a partner in Barnes & Thornburg LLP as a member of the firm’s Labor and Employment Law Department in Indianapolis. Nathan was born and raised in the Midwest but his practice has given him the opportunity to service clients from coast to coast and most points in between. He has represented clients in a wide variety of industries and professional sectors including but not limited to manufacturing, automotive, financial and banking, retail, utilities, medical, as well as foreign clients with U.S. facilities. He also works with public employers and has assisted towns,...