Tag: chairman

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.

Marvin Kaplan New NLRB Chairman

Marvin Kaplan Named New NLRB Chairman

On December 21, 2017, President Trump named Marvin Kaplan Chairman of the National Labor Relations Board. The new NLRB Chairman originally joined the Board in August. His term expires on August 27, 2020.

“The President’s announcement is an honor and privilege, and I look forward to serving as Chairman of the National Labor Relations Board.” Kaplan said. “I remain committed to working with my colleagues to achieve the important goal of issuing timely decisions that apply the National Labor Relations Act in a way that protects the rights of employees, employers, and labor organizations throughout the country.”

Current Composition of the NLRB

Fellow 2017 Trump appointee William Emanuel joins Kaplan as Republican members of the Labor Board.

Two holdover NLRB members from the Obama Administration, Mark Pearce and Lauren McFerran, are both Democrats.

Former Chairman Philip Miscimarra left the Board when his term expired on December 16, 2017. President Trump has not yet formally nominated someone to fill that seat. However, management-side labor attorney John Ring is believed to be the leading candidate, pending background checks.

Until Ring or another Republican joins the Board, the 2-2 party deadlock will likely prevent the NLRB from issuing any decisions on politically charged subjects. But, a series of actions by the Republican majority just before Miscimarra’s term expired predict additional policy changes once the Board regains full strength in 2018.

Meet the New NLRB Chairman

Before joining the NLRB, Marvin Kaplan was legal counsel to the federal Occupational Safety and Health Review Commission. Before that, he served as workforce policy counsel for the U.S. House Committee on Education and the Workforce. He also served as counsel for the House Oversight and Government Reform Committee and the Office of Labor-Management Standards.

Kaplan received his B.S. in Policy Analysis and Management from Cornell University. He earned his J.D. from Washington University in St. Louis.

Before starting his public service career, Kaplan worked briefly in private practice as an associate in the Kansas City law firm of McDowell Rice Smith & Buchanan.

 

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MIke Stoker NLRB

Mike Stoker for NLRB?

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.