Trump’s NLRB Nods On Their Way To Confirmation

by Cody Elyse Brookhouser
(402) 341-3070

A Senate Committee has approved President Donald Trump’s two nominees to the National Labor Relations Board (NLRB). Nominees, Marvin Kaplan and William Emanuel, went before the Senate, Health, Education, Labor and Pensions Committee last Wednesday and skirted through by a 12-11 vote. Kaplan is chief counsel for the OSHA Review Commission, and Emanuel is a shareholder with Littler Mendelson, a prominent management-side employment law firm.

The nominees now must be confirmed by the full Senate prior to taking their places on the Board. No date has been set for the confirmation hearing, but Kaplan and Emanuel are expected to be confirmed by the Republican-controlled Senate.

The NLRB is chaired by Republican, Philip Miscimarra, so Trump’s nods would result in a Republican dominated 5-person Board. The NLRB is currently comprised of a Democratic majority, 2-1. This new majority may result in the Board undoing numerous union-friendly policies and rulings that arose during the Obama administration and caused headaches to employers. Issues at the forefront of these pro-employer efforts could include undoing micro-unions and ambush election rules as well as restoring employers’ use of mandatory arbitration agreements.

Although nothing is set in stone, one thing is clear: Trump’s nods are now one step closer to confirmation, which should be welcome news to employers.

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