On June 27, 2017, President Donald Trump nominated William Emanuel to serve as a member of the National Labor Relations Board. Emanuel has spent more than 50 years practicing labor law at some of the largest law firms in the country.
The President nominated Marvin Kaplan to the other open NLRB seat a week earlier. Both nominees are Republicans.
Current NLRB
Under President Obama, the NLRB often featured a majority of Democrat members, resulting in highly pro-labor and pro-employee decisions.
The NLRB is currently comprised of Republican chair Philip Miscimarra and Democrats Mark Gaston Pearce and Lauren McFerran. Chairman Miscimarra’s term expires on December 16, 2017. Member Pearce’s and Member McFerran’s terms don’t expire until August 27, 2018 and December 16, 2019, respectively.
Although it is standard that the party in control of the White House will appoint a majority of NLRB members from that party, Trump’s nominations for other positions have so far found a relatively slow road to confirmation. Thus, it is tough to predict when Emanuel and Kaplan may join the Board.
Impact of William Emanuel Joining the NLRB
Emanuel has a long career of representing employers in labor relations matters. He is currently a shareholder with the prominent nationwide labor and employment law firm Littler Mendelson P.C.
There is little doubt that Emanuel, like Kaplan, would bring a more conservative viewpoint than the current NLRB majority. If they are both confirmed, they would bring a Republican majority to the NLRB for the first time since early in the Obama Administration.
The NLRB could have its hands tied, however, if Emanuel and Kaplan face delays in receiving Senate approval. With Chairman Miscimarra’s term set to expire this December, Trump will either have to re-nominate him or someone else, again subject to Senate confirmation. Thus, it is possible that all 3 “Republican” seats could be up in the air by the end of this year. If the Board falls down to only two members, then it would not be able to decide cases.
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 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.
For more on the current Administration’s conflict with the Obama-Era NLRB, see my recent post on the DOJ vs. NLRB.
More About William Emanuel
William Emanuel received his Bachelor’s Degree from Marquette University and his law degree from Georgetown University. Before joining Littler, he also practiced law with Jones Day, Morgan Lewis & Bockius LLP, and Musick Peeler & Garrett LLP.
Emanuel is a member the Federalist Society’s labor and employment practice group executive committee.