Change Is Coming: Management-Side Labor Attorney Emanuel Nominated To Labor Board

Jackson Lewis P.C.
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President Donald Trump has nominated management labor attorney William Emanuel to fill one of the two vacant seats on the five-member National Labor Relations Board.

Trump previously had nominated attorney Marvin Kaplan, counsel to the Commissioner of the Occupational Safety and Health Review Commission, for the other vacant seat.

If Kaplan and Emanuel, Republicans, are confirmed by the United States Senate, the Board will have a 3-2 Republican majority. (Chairman Philip Miscimarra also is a Republican.) Senate confirmation of Kaplan and Emanuel is expected.  Confirmation hearings by the Senate Health, Education, Labor and Pensions Committee will be held on July 13.

Once the new Board members are confirmed, expect the Board to revisit its employee/union-favored rulings on class action waivers, joint employer, temporary workers, quickie elections, expansion of protected concerted activity (e.g., its impact on workplace policies), definition of appropriate bargaining units, and the status of college/university faculty and student athletes, among others.

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.

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