July 15, 2018

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Senate Confirms Nominee Marvin Kaplan; Delays Nomination of William Emanuel to National Labor Relations Board

On June 19, we predicted that the Trump administration was expected to formally announce attorneys Marvin Kaplan and William Emanuel as candidates to fill the two vacant slots on the National Labor Relations Board. As predicted, President Trump did, in fact, nominate Messrs. Kaplan and Emanuel to the Board earlier this summer.  The nominations went to a hearing in mid-July before the Senate Health, Education, Labor & Pensions Committee. As anticipated, the Senate committee recommended the confirmation of both candidates.

Yesterday, the full Senate voted 50-48 (with all Senate Democrats voting to block the confirmation) to approve Mr. Kaplan’s nomination. Mr. Kaplan most recently served as counsel to the Commissioner of the independent Occupational Safety and Health Review Commission. He previously served as the Republican workforce policy counsel for the House Education and the Workforce Committee.

The Senate has not yet decided when it will hold a vote on Mr. Emanuel’s nomination. Mr. Emanuel was nominated to the Board on June 28, nine days after President Trump nominated Mr. Kaplan for the post. If Mr. Emanuel is confirmed, he will join Mr. Kaplan and current Board member Philip Miscimarra to restore a Republican majority on the Board for the first time in nearly nine years. If that happens, the Board’s decisions are expect to significantly shift in a more employer-friendly direction from those issued during the Obama administration, such as those relating to workplace rules and policies, joint employer liability, and appropriate bargaining unit determinations. We will continue to update you after the Senate votes on Mr. Emanuel’s nomination.

© Copyright 2018 Squire Patton Boggs (US) LLP


About this Author

Laura Lawless Robertson, Squire Patton, Discrimination Lawyer, Harassment
Senior Associate

Laura Lawless Robertson’s practice focuses on labor and employment issues and general litigation matters. Laura represents employers facing claims by employees alleging sexual harassment, retaliation, wrongful termination, breach of contract, and wage and hour violations. She also represents employers against discrimination claims on the basis of disability, gender, age, race, national origin and religion. Laura serves on the Board of Directors for Recovery Innovations, Inc., and the Labor and Employment Law Section of the Maricopa County Bar Association. She is also a...

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