NLRB Has Republican Majority: Emanuel Confirmed By Senate

Jackson Lewis P.C.
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Management-side lawyer William Emanuel was confirmed late on September 25, 2017 by the United States Senate to fill the last vacant seat on the National Labor Relations Board. Republican Marvin Kaplan was confirmed on August 2, 2017.  

According to Bloomberg BNA, the Senate voted along party lines, 49-47, in confirming Emanuel and giving the Board its first Republican majority in more than a decade.  

Emanuel’s experience representing clients before the Board was touted by Republicans, while Democrats accused him of trying to undermine employees’ rights and protections afforded by the National Labor Relations Act.  

Republican lawyer Peter Robb also has been nominated to replace the NLRB’s current Democrat General Counsel, Richard Griffin, after his term expires on November 3, 2017. Robb has argued against the Board’s decisions finding work rules unlawful, as well as the Board’s “quickie” election rules and expanded “joint employer” doctrine. If confirmed as General Counsel, Robb will be in a position to direct the Board’s priorities.  

President Donald Trump’s Board is widely expected to reverse a wide range of labor-friendly rulings and decisions issued by the Obama-era Board, but significant change may take several months.

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.

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