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Balance of Power May Be Shifting at the NLRB



After an extended period of time without its full five-member complement, the NLRB may finally be moving toward capacity. In May, Congressional leaders asked President Trump to fill the long-standing vacancies. The board is currently comprised of just three members — one Republican (Chairman Philip Miscimarra) and two Democrats (members Mark Gaston Pearce and Lauren McFerran).


However, President Trump has announced his picks to fill the two open positions with, not surprisingly, two Republicans — William Emanuel, a management-side attorney from private practice, and Marvin Kaplan, an attorney with the Occupational Safety and Health Administration, who were both reportedly on a short list for some time. As a result, the board’s long-standing pro-employee tendencies may soon be a thing of the past. The nominations will need to be confirmed by the U.S. Senate.


Jason Clagg

Jason Clagg is a partner in Barnes & Thornburg’s Fort Wayne, Indiana, office, where he is a member of the Labor and Employment Law Department and the Higher Education and School Law Practice Groups. Mr. Clagg serves as vice chair of the Higher Education Practice Group.

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