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
Management lawyer John Ring is at the top of a short list for a Republican seat on the National Labor Relations Board, sources familiar with the situation told Bloomberg BNA Aug. 22.
Ring, who is currently a partner at Morgan Lewis in Washington, would fill a seat on the five-member board being vacated by Philip Miscimarra (R). The NLRB is on the verge of its first GOP majority in nearly a decade. That would likely give the board the chance to revisit a wide range of Obama-era decisions that critics say tilted the scales in favor of labor unions.
Miscimarra, the board’s chairman, announced earlier this month that he would not seek a second term when his current term expires in December. Former congressional lawyer Marvin Kaplan (R) was recently sworn in for a separate board seat, while Littler Mendelson attorney William Emanuel is awaiting confirmation for the third Republican spot.
A White House spokesman declined to comment for this story. Ring didn’t immediately respond to Bloomberg BNA’s request for comment.
Vermont management lawyer Peter Robb is set to be named NLRB general counsel, pending a background check, sources told Bloomberg BNA Aug. 21. Outgoing General Counsel Richard Griffin’s (D) term ends Oct. 31.
Ring represents air freight, utilities, health-care, manufacturing, defense, and professional sports industry clients in labor disputes, according to his law firm bio. He represented IBM in a case in which the board ruled that workers who are not union members don’t have a legal right to bring a co-worker into an investigative interview with management.
The board will have a laundry list of items that business advocates would like to see a Republican majority and GOP general counsel address. That includes moves to expand joint employer liability for affiliated businesses, shorten the time period for union elections, and limit employers’ use of contracts to block class actions by their workers.
In the meantime, court decisions may limit the board’s ability to roll back the joint employer and class action moves.
The U.S. Supreme Court is slated to hear oral arguments in October in a case challenging the board’s decision that class action waivers violate federal labor law. An appeals court in Washington is currently mulling a separate dispute over a board decision finding that an employer that exerts indirect control over an affiliated business’s workers may be on the hook as a joint employer for collective bargaining purposes.
Labor unions and employee advocates say the board’s move to expand joint employer liability is a common-sense attempt to cut through the maze of confusing business relationships becoming increasingly common in the workplace. They say the decision also gives workers an opportunity to bargain with the businesses that actually set the terms and conditions of their jobs. Critics of class action waivers argue the contractual arrangements make it harder and more expensive for workers to sue their employers.
—With assistance from Hassan A. Kanu (Bloomberg BNA) and Josh Eidelson (Bloomberg News)
To contact the reporter on this story: Chris Opfer in New York at firstname.lastname@example.org
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 email@example.com.
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 firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)