In a 49-47 vote today, the Senate confirmed William J. Emanuel’s appointment to the NLRB.  Once Mr. Emanuel is sworn in, it will be first time since 2015 that the NLRB has had a full five members.  Before 2015, years of gridlock often saw the Board at less than full strength, which resulted in all sorts of mayhem, including the two Member Board debacle.

Because the terms of NLRB members are staggered, whether the Board is able to operate at full strength is dependent on whether a nominee can make it through the confirmation process. With the addition of Member Emanuel there have been 8o Board members since the Board was established in 1935 (counting recess appointments).  Here are some statistics to throw around at a dinner party (since the NLRB is often a hot topic and you want to be in the know):  42 members (52.5%) have been Republican, 37 members (46.24%) have been Democrat, and 1 (1.25%)(Don Zimmerman- it seems like we should give him special mention) was an Independent.

The current terms of the existing NLRB members are as follows:

  • Philip Miscimarra, Chairman – Term expires December 16, 2017
  • Mark Pearce, Member – Term expires December 16, 2018
  • Lauren McFerran, Member – Term expires December 15, 2019
  • Marvin Kaplan, member -Term expires August 27, 2020
  • William Emanuel, Member – Term expires August 27, 2021

General Counsel Richard Griffin’s term expires November 4, 2018.  A General Counsel’s term is four years from the date of commission.  Here is a full listing of those who have held the position of General Counsel.

Of course, with the Board at full complement it can now decide cases that reverse existing precedent.  The Board may only be at full complement for the next several weeks as Chairman Miscimarra has indicated he intends to depart at the expiration of his term in December.

Posted in General Counsel, NLRA, NLRB, Uncategorized
Tags: appointment, confirmation, General Counsel, NLRA, NLRB
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Photo of Mark Theodore Mark Theodore

Mark Theodore is a partner in the Labor & Employment Law Department. He has devoted his practice almost exclusively to representing management in all aspects of traditional labor law matters throughout the U.S. He is Co-Chair of Proskauer’s Labor-Management and Collective Bargaining Practice…

Mark Theodore is a partner in the Labor & Employment Law Department. He has devoted his practice almost exclusively to representing management in all aspects of traditional labor law matters throughout the U.S. He is Co-Chair of Proskauer’s Labor-Management and Collective Bargaining Practice Group.

Some recent highlights of his career include:

  • Successfully defended client against allegations that it had terminated a union supporter and isolated another. T-Mobile USA, Inc., 365 NLRB No. 15 (2017).
  • Successfully appealed NLRB findings that certain of client’s written policies violated the National Labor Relations Actions Act.  T-Mobile USA, Inc., 363 NLRB No. 171 (2016), enf’d in part, rev’d in part 865 F.3d 265 (5th Cir. 2017).
  • Represented major utility in NLRB proceedings related to organizing of planners.  Secured utility-wide bargaining unit. Bargained on behalf of grocery chain.  After negotiations reached an impasse, guided the company through lawful implementation of five year collective bargaining agreement.
  • Coordinated employer response in numerous strike situations including a work stoppage across 14 western states of the client’s operations.

Mark has extensive experience representing employers in all matters before the NLRB, including representation petitions, jurisdictional disputes and the handling of unfair labor practice charges from the date they are filed through trial and appeal. Mark has acted as lead negotiator for dozens of major companies in a variety of industries, including national, multi-unit, multi-location, multi-employer and multi-union bargaining. Mark has handled lockout and strike situations, coordinating the clients efforts.

In addition, Mark has handled hundreds of arbitrations involving virtually every area of dispute, including contract interest arbitration, contract interpretation, just cause termination/discipline, benefits, pay rates, and hours of work.

Read more about Mark Theodore
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