In an earlier post I noted that John Ring‘s name had surfaced as a potential replacement for NLRB Chairman Philip Miscimarra. Bloomberg BNA, which first reported the interest in Ring, now raises California attorney Mike Stoker as another candidate.
Unlike Ring, Stoker is not a full-time labor and employment attorney. Rather, his experience spans various business, land use, and governmental matters. According to the website for the State Bar of California, his law license is currently inactive but eligible to be activated at his initiative.
Current NLRB
Republican attorneys Marvin Kaplan and William Emanuel recently joined the Labor Board following Senate confirmation in August and September respectively. They give the NLRB a 3-2 Republican majority for the first time since 2007. However, current National Labor Relations Board Chairman Philip Miscimarra has announced he will not accept a new term when his expires in December.
The terms of Democrat Members Mark Gaston Pearce and Lauren McFerran don’t expire until August 27, 2018 and December 16, 2019, respectively.
Who Is Mike Stoker?
Mike Stoker has extensive government experience in California. From 1995 to 2001 he served as Chairman of the California Agricultural Labor Relations Board. Stoker’s public service extends well beyond the field of labor relations. He served as Deputy Secretary of State from 2001 to 2002. More recently, he was a Republican candidate for the California State Assembly in 2010 and the State Senate in 2012.
Stoker has also held chairman positions with the Santa Barbara Air Pollution Control District, Santa Barbara Association of Governments, and Santa Barbara County Water Agency and Flood Control board. He has also served on the Agricultural Advisory Board to the California Superintendent of Public Instruction and on the Southern California Hazardous Waste Management Board.
This background may appeal to Trump’s administration in filling not only Miscimarra’s seat, but also his Chairman position.
Stoker is an Eagle Scout with a long resume of non-profit board service. He is on the Board of Trustees of the Southern California Institute of Law. He has taught land use, real property, and government law.
In 1992 Governing Magazine named Stoker the “Most Valuable Public Official in County Government in America.”
He received his Bachelor’s Degree from the University of California, Berkeley and his law degree from Loyola Law School in Los Angeles.
Timeline for Nomination
So far, the White House has not officially commented on any candidates to replace Chairman Miscimarra. However, it is likely that President Trump will attempt to avoid a prolonged four member NLRB. With a 2-2 partisan split, the Board would not be able to decide cases featuring a political divide. This would frustrate the Republican administration’s efforts to overcome nearly a decade of pro-labor decisions from Obama-era Board.
Thus, Trump will likely put forward a candidate for confirmation before the end of the year.