Tag: board member

John Ring NLRB Chair

John Ring Joins the NLRB

On April 11, 2018, the U.S. Senate narrowly confirmed management-side labor attorney John Ring as the fifth member of the National Labor Relations Board. Ring fills the seat vacated in December 2017 by former Board Chairman Philip Miscimarra. The Senate voted 50-48 along party lines. Ring, a Republican, was a partner with Morgan, Lewis & Bockius LLP before his confirmation.

Current NLRB

Following Ring’s confirmation, the White House announced that he would replace Marvin Kaplan as Chair of the NLRB. President Trump had just named Kaplan the Chair in December. Despite the unusual demotion, Kaplan confirmed he would remain on the Board.

In addition to Kaplan, Ring joins members William Emanuel, Mark Pearce, and Lauren McFerran on the Board.

Other than formally making Ring the Chair, no further changes to the Board’s composition are expected until Member Pearce’s term expires on August 27, 2018. Traditionally, no more than three members of the Board have represented the same political party. However, that is not dictated by law. Thus, it will be interesting to see what the White House does regarding Pearce’s seat.

Republican Majority

Republicans now hold 3-2 majority control of the Board. This foretells a continued shift away from pro-labor decisions by the Obama-era NLRB. The Republicans recently held the majority for just a short time before Miscimarra’s term expired. They issued several significant reversals in the last days of his term. (Read more in 2017 NLRB Buzzer Beaters.)

However, the Republican majority still faces a hurdle that may slow the anticipated shift in federal labor law. Member Emanuel’s vote in one of the December 2017 reversals (regarding the joint employer standard) created controversy based on an alleged conflict of interest. Emanuel’s former firm had represented a party in the case that was overruled. The Board subsequently excluded Emanuel and vacated the decision in which he had participated, reverting to the Obama-era precedent.

Emanuel, who had been a partner at national labor law firm Littler Mendelson, may face similar conflicts in many other cases. Ring could also struggle with conflict issues given Morgan Lewis’ substantial client list.

More About John Ring

Before his confirmation, John Ring was a co-leader of Morgan Lewis’ labor/management relations practice.

He received his Bachelor’s Degree from Catholic University and his law degree from Catholic University’s Columbus School of Law. He is a Fellow of the College of Labor and Employment Lawyers.

Trump Labor Posts Ring Stoker

Trump Finds Labor Posts for Ring & Stoker

After former National Labor Relations Board Chairman Philip Miscimarra announced he would not serve another term, two names emerged as potential replacements: John Ring and Mike Stoker. On January 12, 2018, President Trump officially indicated his intent to nominate both to federal labor roles.

As expected, John Ring is the pick to fill Miscimarra’s seat on the NLRB. Trump tapped Stoker to be the Director of the Federal Mediation and Conciliation Service (FMCS).

John Ring

Republican attorney John Ring is a partner in Morgan, Lewis & Bockius LLP‘s Washington, D.C. office. He co-leads the firm’s labor/management relations practice and holds other firm administration positions. He received his Bachelor’s Degree from Catholic University and his law degree from Catholic University’s Columbus School of Law.

Ring is a Fellow of the College of Labor and Employment Lawyers and President of the Board of Directors of Friends of the National Zoo.

Impact on the NLRB

If confirmed, Ring will join Chairman Marvin Kaplan and William Emanuel to give the NLRB a 3-2 Republican majority. With a brief period of Republican control under former Chairman Miscimarra at the end of 2017, the Board began reversing key Obama-era precedents. Unfinished business includes potential revisions to the NLRB’s “quickie election” rules implemented in 2014.

Mike Stoker

Mike Stoker is a Republican politician and attorney from California. His former roles include Chairman of the California Agricultural Labor Relations Board (1995-2001) and Deputy Secretary of State (2001-2002). He 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 and served on the Agricultural Advisory Board to the California Superintendent of Public Instruction and on the Southern California Hazardous Waste Management Board.

Stoker ran for the California State Assembly in 2010 and the State Senate in 2012.

He received his Bachelor’s Degree from the University of California, Berkeley and his law degree from Loyola Law School in Los Angeles.

About the FMCS

The Federal Mediation and Conciliation Service was created in 1947. It is designed to be an independent agency whose mission is to preserve and promote labor-management peace and cooperation. It pursues this mission primarily through mediation and alternative collective bargaining processes.

Beyond Ring, Stoker

Few companies will ever know or care about the identities of John Ring and Mike Stoker. Yet the agencies the President Trump is entrusting to these men affect many workplaces.

To stay informed about significant labor law developments, sign up for my email newsletter and continue to follow the New York Management Law Blog.

Top Posts of 2017

Top Posts of 2017

As the year comes to a close, I thought I would review the New York Management Law Blog’s top posts of 2017.

These posts reflect some topics that most interested New York employers in 2017. Do they also suggest what will be top of mind in 2018?

New York Minimum Wage Increases on 12/31/17

This post reminded New York employers of the scheduled increases to both minimum wage and the salary threshold for overtime exemptions under state law.

If you haven’t already checked whether your company is paying enough, act fast! If you’re reading this, new requirements are already in place.

For those looking ahead, this post contains full charts of all scheduled increases to New York minimum wage and overtime exemption salary requirements. This includes increases taking effect on December 31st of 2018, 2019, 2020, and beyond.

New York Paid Family Leave

The New York Paid Family Leave Program kicks off on January 1, 2018. Companies throughout the state have spent much of 2017 preparing for this significant change in New York employment law. As a result, 3 of our 10 top posts of 2017 addressed this topic.

New York Paid Family Leave Notice Requirements

If you still haven’t determined what the employer and employee notice requirements are, then don’t wait any longer.

There are several things all covered employers must do beginning January 1, 2018, including:

  • Post a Notice Confirming Coverage
  • Provide Written Guidance to Employees
  • Provide a Notice of Rights When Employees Request Leave

If you still have questions about the New York Paid Family Leave Program, check out these two top posts that include replays of webinars I presented on the topic:

In Case You Missed It: New York Paid Family Leave Webinar 9-12-17

I presented this webinar in September. It addresses many of the paid family leave basics. If you still don’t know whether your organization is covered or what it means if you are, start here.

Are You Ready for New York Paid Family Leave? (Webinar)

This more recent webinar gets into some of the latest details about what employers need to know to comply with the New York Paid Family Leave Benefits Law.

This webinar will help you get your written policy in place and prepare you for administering paid family leave in 2018.

Who Will Get the Last Seat on the NLRB?

In his first year in office, President Trump appointed two new members to the National Labor Relations Board: Marvin Kaplan and William Emanuel. Both are Republicans, which temporarily gave the 5-member Board a 3-2 Republican majority. Chaired by Philip Miscimarra (R), the NLRB reversed several key Obama-era precedents in December.

However, Chairman Miscimarra’s term ended on December 16, 2017, creating a new vacancy. President Trump named Kaplan the new Chairman, but has not yet formally nominated a new member to fill the Board.

Two names surfaced over the past several months as potential Miscimarra replacements. Our top posts of 2017 featured both of these individuals:

Report: Attorney John Ring May Replace Miscimarra on NLRB

Mike Stoker for NLRB?

Although Trump has not made his selection official, it now appears that Ring will be the pick in early 2018. A Republican management-side labor and employment lawyer, Ring will likely join Chairman Kaplan and Member Emanuel in continuing to move away from the Obama NLRB’s pro-union decisions.

5 Best Reasons for Anti-Harassment Training

2017 brought to light an extensive pattern of sexual harassment and assault by powerful men in the entertainment industry. This placed a spotlight on employers’ duties to prevent and remedy harassment in the workplace.

If your organization is still not sure where to start, this top post of 2017 is for you.

What Employers Didn’t Know About Existing New York Labor Laws

The 3 remaining top posts of 2017 shed light on several legal issues that were not new this year. This follows the blog’s purpose of providing useful information even about topics that are not being discussed elsewhere. Posts like these are another reason you should sign up for my email newsletter so you don’t miss out on critical guidance that you didn’t even know you needed!

New York Law Protects Employees’ Off-Duty Conduct

Are you familiar with Section 201-d of the New York Labor Law? Well, for starters, it applies to all New York employers. Click above to find out more!

New York’s Shared Work Program Provides a Layoff Alternative

Many employers were interested in this post about a little-known aspect of New York’s unemployment insurance benefits program. Sometimes companies can reduce their employees’ hours while offsetting the lost wages with partial unemployment benefits. This arrangement can help employers who would otherwise have to lay off employees during slow periods and risk losing them to other jobs before business picks up.

Disciplining Public Employees in New York Under Civil Service Law Section 75

This was a top post of 2017 among public employers. This includes governmental entities such as counties, municipalities, school districts, and state agencies. If you work in one of these organizations and have a role in employee discipline, you may need to understand how Section 75 of the New York Civil Service Law works. Or, at least, you must make sure it doesn’t apply, then determine what other due process requirements you have to comply with instead.

Don’t Stop at the Top Posts of 2017!

I hope you find it helpful to look back at what happened last year, but you should also look forward. Please continue to follow the New York Management Law Blog in 2018.

The best way (in my opinion) to stay informed of the hottest topics in New York labor and employment law is to subscribe to my monthly email newsletter. It not only recaps my recent blog posts, but also announces upcoming complimentary webinars that help you manage the people in your organization.

See you in 2018!