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27 Jan 2017 Major Changes on the Horizon for the NLRB? Trump Names Philip Miscimarra Acting Chair of Agency

  President Trump took his first official action with respect to the National Labor Relations Board (NLRB) on Jan. 24, when he named current NLRB member Philip Miscimarra as acting chair of the agency. Miscimarra has served on the NLRB since 2013 and currently is the lone Republican (i.e., pro-employer) member.   The other two members, Mark Gaston Pearce and Lauren McFerran, are Democrat members and tend be viewed as “pro-union.” Miscimarra replaces Pearce as…

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20 Jan 2017 Obama NLRB Deep Sixes Employer Defense on Procedural Grounds Earlier Case Involving Union’s “Peculiar Circumstances” Justifies Inconsistent Application of the Same Rule

  A recent NLRB decision demonstrates again the Obama NLRB’s willingness to entertain inconsistency when the outcome favors a union. Over the last eight years, some have noted that this has been a persistent theme at the NLRB.   The most recent example of this phenomenon is found in the NLRB’s Jan. 9 Williams-Sonoma Direct, Inc., decision. In this union election case involving the NLRB’s controversial Specialty Healthcare “micro unit” decision, the issue was the…

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15 Nov 2016 The Trump Presidency and the NLRB: Change May Come Slowly

  Though candidate Donald Trump promised swift reversal of Obama administration initiatives, President-elect Trump may find that change will have to come slowly at the NLRB.   One area where the new president could have an immediate impact is with the composition of the Board, which consists of five members with staggered terms.  Currently, there are two open seats and the  majority are  Democrats who have been zealously pro-union throughout the Obama administration:   Former…

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