Former Jones Day Lawyer Could Be Up for NLRB Spot

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By Ben Penn, Chris Opfer, and Tyrone Richardson

Nov. 16 — Retired Jones Day attorney G. Roger King is being floated for a possible National Labor Relations Board member position and for the role of the board’s next general counsel, sources familiar with the situation told Bloomberg BNA.

The five-seat board, which is appointed by the president and confirmed by the Senate, currently only has three members. President-elect Donald Trump will also eventually get the chance to replace NLRB General Counsel Richard F. Griffin (D), whose appointment is slated to expire in November 2017.

The board hears cases involving unfair labor practice allegations under the National Labor Relations Act. The NLRB general counsel is responsible for investigating those allegations and, along with the board, sets the agency’s policies and priorities.

The board with an eventual Republican majority of members and Trump-appointed general counsel is expected to take a hard look at some of the issues Griffin has focused on during his time at the NLRB. That includes the expansion of joint employer liability for labor law violations and the position that class action waiver clauses in arbitration agreements may unlawfully impede workers’ rights to collective action.

King told Bloomberg BNA via e-mail that he is “potentially” interested in the board member and general counsel opportunities, as well as openings at the Labor Department. He’s likely to have some support from Republicans in Congress.

Argued Landmark Case

King helped successfully litigate the landmark NLRB v. Noel Canningcase, in which the U.S. Supreme Court found that President Barack Obama violated the Constitution by appointing two board members while the Senate was in recess.

He currently works as senior labor and employment counsel for the HR Policy Association. The public policy group counts human resources professionals for some of the world’s largest employers among its members.

Other names being considered for a possible board member post include Marvin Kaplan, a counsel at the independent Occupational Safety and Health Review Commission. Kaplan previously served as a workforce policy counsel for the House Education and the Workforce Committee, a nearly four-year position that ended in Sept. 2015, according to his Linkedin page.

To contact the reporter on this story: Chris Opfer in Washington at copfer@bna.com

To contact the editors responsible for this story: Peggy Aulino at maulino@bna.com; Terence Hyland at thyland@bna.com

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