7.17.17

With President Trump’s election, employers have been anticipating his appointments to the National Labor Relations Board. The Board is the entity tasked with interpreting and applying private sector labor law throughout the country. It consists of a five-member panel with members being appointed by the President and confirmed by the Senate for five-year terms. The Board’s majority historically tilts in favor of the party of the sitting president. Currently, the Board has two vacancies and a democratic (2-1) majority that has continued the expansion of employee rights that was prevalent throughout President Obama’s administration.

Recent news from the White House indicates that changes to the Board’s composition are on the horizon. President Trump nominated attorneys Marvin Kaplan and William Manuel for the two vacation positions on the Board, who both passed the Senate committee on Wednesday, July 19, 2017, will now seek confirmation in the Senate. Their nominations, and expected confirmations, coupled with current Chairman Philip Miscimarra presence on the Board would create the first Republican majority in nearly a decade. The creation of that majority should allow the reconsideration of a number of significant issues impacting employers from joint employer liability to the recognition of micro-units in collective bargaining as well as imposing a more pro-employer ideology in all other Board decisions.

Members of Congress and conservative groups are urging the White House to prioritize the filling of these vacancies. White House sources have indicated the administration is seeking to have both individuals confirmed prior to the Senate’s August recess.

Our attorneys are familiar with and have handled numerous cases before the National Labor Relations Board. Please contact our firm to further discuss at (813) 223-1099, Mr. David Shankman at dshankman@shankmanleone.com, or Mr. Michael Willats at mwillats@shankmanleone.com.