Bummer. NLRB Chairman Miscimarra Is leaving In December

Constangy, Brooks, Smith & Prophete, LLP
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Bloomberg BNA reported last night that Philip Miscimarra, Chairman of the National Labor Relations Board and a voice of reason, will be leaving when his term expires on December 16 of this year.

Chairman Miscimarra said that he had been asked to stay for another term but decided not to because he had three kids going to college. Reading between the lines (not very difficult in this context), I think he’s saying he’ll have a much easier time paying for his kids’ college if he works in private practice than he’d have staying in his government job.

As most of our readers know, Chairman Miscimarra was a breath of fresh air on the Board. During the last years of the Obama Administration (and, actually, until last week), he was the only Republican and wrote vigorous dissents to some of the extreme positions that were taken by the Obama Board.

After President Trump took office, the President named Mr. Miscimarra to be Acting Chairman of the NLRB, replacing now-Member Mark Gaston Pearce, and then appointed him Chairman.

Last week, the President’s first new Board nominee, Marvin Kaplan, was confirmed by the Senate. The President’s other nominee, William Emanuel, will be voted on after the Senate’s August recess and is expected to be confirmed. But now the President will have to be thinking about someone to fill Chairman Miscimarra’s very big shoes.

*sob!*

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Constangy, Brooks, Smith & Prophete, LLP

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