From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
By Chris Opfer
National Labor Relations Board Chairman Philip Miscimarra (R) will have his hands full in the three months left in his term.
“For sure, we are going to be very, very busy as an agency,” Miscimarra told a group of lawyers Sept. 14 at an event hosted by Epstein Becker & Green. “I’m going to do everything I can to try to increase our output between now and the end of my term.”
Any cases he participated in that aren’t decided before he leaves Dec. 16 would have to be restarted, Miscimarra said. That could mean long delays for labor unions, employers, and others with business before the board.
“Every time we have a board member’s end of term, it becomes very important to issue as many decisions as possible in cases that member has participated in,” Miscimarra said. “For cases, for example, where I’ve voted and a decision has not been issued, a case can be delayed for two or three or four years because it needs to be considered by a new panel.”
The board currently has four members: two Republicans and two Democrats. It often uses a three-member panel to decide cases but may ask all five members to weigh in on novel or otherwise compelling questions.
President Donald Trump earlier this year nominated management attorney William Emanuel (R) to fill the board’s fifth seat. The Senate hasn’t voted on Emanuel’s nomination. Marvin Kaplan (R) was sworn in to a spot on the board last month.
Miscimarra acknowledged that Trump asked him to stay on for another five-year stint on the board. Although he was tempted to stay, he said he chose to leave at the end of the term because he has three sons who will soon be in college.
“I indicated to President Trump about a month ago that I was unfortunately, because of my personal circumstances, unable to continue serving on the board after my terms runs out,” Miscimarra said. “I don’t have any idea what I am going to do because I have indicated publicly that I will not give any consideration to what I may do next until I finish the job I currently have.”
Miscimarra also noted that Trump has the chance to make his mark on the board soon by filling Miscimarra’s seat and the NLRB general counsel position. Vermont management lawyer Peter Robb is said to be in line to take over that role when Richard Griffin’s (D) term expires at the end of October.
The board will eventually have the opportunity to reconsider a wide range of Obama administration decisions, including those expanding joint employer liability and interpreting limits on employee handbooks and workplace policies.
To contact the reporter on this story: Chris Opfer in New York at email@example.com
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)