John Ring Sworn In, Board Back To Full Complement.....Or Is It?

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Labor lawyer John Ring was sworn in today as Chairman of the National Labor Relations Board for a term ending on December 16, 2022.  The Board’s announcement includes the following remarks from the new Chairman:

“I thank the President for the opportunity to serve as Chairman of the NLRB,” Ring said. “I am honored to serve alongside the dedicated professionals at the Agency. My career as a labor lawyer has given me a great appreciation for the work of the NLRB and its important mission. I look forward to working with my colleagues to ensure that the NLRA is interpreted and enforced as it is written and consistent with its amendments.”

Like former Chairman Miscimarra, Mr. Ring was most recently a partner at law firm Morgan Lewis. While Chairman Miscimarra was able to navigate the various potential conflicts and recusal issues following his tenure as a prominent labor lawyer in private practice, the political landscape has shifted significantly in just the last few years. As seen recently, Labor and its allies in the Democratic Party seem intent on brandishing a broad recusal argument in order to preclude Republican majorities sufficient to hand down decisions unfriendly to unions.  It is very likely we will see efforts to pressure Chairman Ring into recusals like the recent campaign against Member Emanuel.

Upon his swearing in, Chairman Ring also recognized Member Kaplan for his recent interim service as Chairman.  Member Kaplan will continue to serve his term which expires on August 27, 2020.  The next term to expire is that of Member Mark Gaston Pearce, on August 27, 2018.

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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