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Short-Lived Victory for Employers? NLRB Chairman Reportedly Stepping Down in December

BNA Bloomberg and Law360 are reporting that National Labor Relations Board (NLRB) Chairman Philip Miscimarra is stepping down when his current five-year term expires in December rather than seeking reappointment. Miscimarra reportedly is leaving the agency for personal reasons.

Having been the lone pro-management voice on the NLRB for an extended period and consistently being out-voted by his pro-union counterparts, Chairman Miscimarra’s dissents have been colorful and may provide a glimpse as to what pro-management majority NLRB decisions will look like in the near future. Indeed, in just the past few months he issued scathing dissents regarding the agency’s stance on micro-units and Facebook discipline cases.

The NLRB currently is deadlocked with two pro-management and two pro-labor members, as pro-management member Marvin Kaplan joined the board just last week. Another pro-management member, William Emmanuel, is expected to be confirmed soon, giving the NLRB a pro-management majority for the first time in nearly a decade. Given Miscimarra’s imminent departure later this year, however, the pro-management majority may be short-lived – at least until President Trump can get a replacement lined up and confirmed.

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About this Author

David J. Pryzbylski, Barnes Thornburg Law Firm, Labor Law Attorney
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David J. Pryzbylski became interested in labor relations early on in high school, having grown up next to several of the largest steel mills in the world. Fittingly, Mr. Pryzbylski now is a member of Barnes & Thornburg LLP’s Labor & Employment Department. Building on his life-long fascination with labor law, Mr. Pryzbylski concentrates his practice on traditional labor matters. Specifically, he routinely assists clients with developing union-avoidance training, drafting collective bargaining agreement provisions, developing collective bargaining negotiation strategies, decertifying...

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