Tag: vacancy

John Ring NLRB

Report: Attorney John Ring May Replace Miscimarra on NLRB

Current National Labor Relations Board Chairman Philip Miscimarra has announced he will not accept a new term when his expires in December. So, the search for his replacement is on. Bloomberg BNA is reporting that Morgan, Lewis & Bockius LLP partner John Ring is the leading candidate for this position.

Update 12/1/17: Bloomberg BNA is now reporting that Ring is the presumptive nominee, subject to background checks.

Current NLRB

Republican attorney Marvin Kaplan recently joined the Labor Board following Senate confirmation on August 2, 2017.

His appointment leaves one vacancy on the 5-member Board. President Trump has nominated management-side labor attorney William Emanuel to fill that vacancy. Emanuel is expected to be confirmed after the Senate’s August recess.

Current NLRB members, in addition to Chairman Miscimarra and Member Kaplan, are Democrats Mark Gaston Pearce and Lauren McFerran. Member Pearce’s and Member McFerran’s terms don’t expire until August 27, 2018 and December 16, 2019, respectively.

Impact of a Full NLRB

Assuming the Senate confirms Emanuel as the next NLRB member soon, Republicans will have a 3-2 majority until Miscimarra leaves. If not John Ring, his replacement will be another Republican. If there is a gap between Miscimarra’s departure and the confirmation of his replacement, it will forestall the anticipated shift in NLRB policy.

Although the NLRB can operate with 4 members, the 2-2 Republican-Democrat split will likely prevent the Board from deciding significant, disputed issues.

Once the NLRB does have 3 Republican members, we can expect a sea change in NLRB decisions. Many cases decided by the Obama Board featured Republican Board members in dissent. In addition, the NLRB representation election rules could be under review, as the Obama Board changed them to expedite elections, increasing the likelihood of union victory.

More About John Ring

Attorney John Ring is a partner with Morgan, Lewis & Bockius LLP and co-leader of the firm’s 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.

Ring is a Fellow of the College of Labor and Employment Lawyers. He also currently serves as President of the Board of Directors of Friends of the National Zoo.

NLRB Vacancy

Another NLRB Vacancy Coming Up

As discussed here, the U.S. Senate recently confirmed Marvin Kaplan to fill one of two vacancies on the National Labor Relations Board. There is still one current NLRB vacancy that labor attorney William Emanuel is likely to fill.

But that’s not the end of the labor board merry-go-round for President Trump’s first year in office. NLRB Chairman Philip Miscimarra’s term expires on December 16, 2017, and he has announced he will step aside at that time. This will create another opportunity for Trump to add another new Republican member to the Board.

Miscimarra indicated that he had been asked to stay for another term. However, he cited family reasons for choosing to leave the NLRB.

Miscimarra’s NLRB Tenure

Philip Miscimarra joined the Board on August 7, 2013, after nomination by then-President Obama and Senate confirmation. For virtually all of his time on the Board, Miscimarra was in the philosophical minority. He often issued dissenting opinions in significant cases decided by a Democratic majority.

Following President Trump’s inauguration, he named Miscimarra Acting Chair of the Board. Miscimarra was later named Chairman of the NLRB on April 24, 2017. Nonetheless, the Democrats retained the majority.

With Marvin Kaplan’s recent confirmation to fill one NLRB vacancy, Miscimarra will now lead a 2-2 split Board pending another confirmation. It is likely that the Senate will confirm William Emanuel after it’s August recess, finally giving Miscimarra a Republican majority for the last few months of his term.

Who Will Be the Next NLRB Chair?

When Trump took over as President, naming Miscimarra to be the Labor Board Chair was a no-brainer. He was the only Republican on the Board.

Now, however, the President will have options. Assuming Emanuel joins the Board before then, Trump could choose either him or Kaplan to Chair the NLRB. Alternatively, whoever replaces Miscimarra could be named Chair. Trump could even name Kaplan or Emanuel Acting Chair pending a confirmation of a new member to fill the NLRB vacancy Miscimarra’s departure will create.

About Miscimarra

Before joining the NLRB, Philip A. Miscimarra was a partner in Morgan Lewis & Bockius LLP‘s Chicago office. He was also a Senior Fellow in the Center for Human Resources at the University of Pennsylvania’s Wharton Business School.

Before joining Morgan Lewis in 2005, Miscimarra was a labor and employment attorney with Seyfarth Shaw LLP; Murphy Smith & Polk PC; and Reed Smith Shaw & McClay.

He received his Juris Doctor from the University of Pennsylvania Law School; a Masters in Business Administration from the University of Pennsylvania’s Wharton Business School; and a Bachelor of Arts degree, summa cum laude, from Duquesne University.

Who Will Fill the Next NLRB Vacancy?

It’s too early to guess specific names, but it’s safe to assume the nominee will be a pro-employer Republican attorney.

On one hand, the recently-confirmed Member Kaplan has relatively little experience as a practicing labor attorney. On the other hand, pending nominee Emanuel has spent approximately five decades in that role. Odds would seem to favor a third-Republican NLRB member with experience somewhere between those two.

It may also be worth noting that Secretary of Labor Alex Acosta is a former NLRB Member. As President Trump has already show a propensity to shuffle his highest level personnel, Acosta’s name might even end up on the list for a possible new NLRB Chair depending on how the next few months go in Washington.

 

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