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NLRB’s New Member Confirmed, Fits the Bill for Employers

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On Sept. 25, the U.S. Senate voted 49-44 to confirm the NLRB’s newest member, William Emanuel, who was appointed by President Trump. Emanuel’s nomination was voted out of Committee on the same day as Marvin Kaplan, who was confirmed by the Senate on Aug. 2.  Emanuel, a management labor lawyer with more than 40 years of experience, brings the Board to its full complement of five validly-appointed members for the first time in more than two years. It is also the first time since 2007 that Republicans have held the majority at the NLRB.

 

However, stability on the NLRB is not yet at hand. The term of NLRB Chairman Philip Miscimarra, also a Republican, expires on Dec. 16. Chairman Miscimarra announced he is not seeking reappointment and President Trump has not yet nominated a replacement.  The current NLRB general counsel, Fred Griffin, a Democrat, has a term that expires on Nov. 3. President Trump has nominated management labor lawyer, Peter Robb, a Republican, to fill his spot. Robb also will need confirmation by the Senate to take his job as general counsel.

 

Scott Witlin

Scott J. Witlin is a partner in the Los Angeles office of Barnes & Thornburg and a member of the firm’s Labor and Employment Law Department and the Entertainment and Music Practice Group. Mr. Witlin handles traditional labor and employment matters, including arbitrations, collective bargaining negotiations, compliance with various guild and union agreements, and union organizing campaigns.

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