My sources indicate that, on Monday, September 25, 2017, the U.S. Senate will vote on the nomination of William Emanuel to the National Labor Relations Board. According to these sources, his prospects for confirmation look good.
In recent years, the NLRB – normally a 5-member agency – has had a 2-1 union- friendly majority. New Board members are appointed by the President. With the August 10, 2017 confirmation of Marvin Kaplan, it is now 2-2. If Emanuel, a longtime Management-side labor attorney, is confirmed next week, the Board will obtain a Management-friendly majority. This is great news for Employers everywhere!
After this last vacancy is filled, the NLRB is very likely to revisit a number of significant legal issues from the past eight years that have tilted the playing field in favor of unions, including, but not limited to, the following:
- Independent contractor status under the NLRA.
- A return to common sense standards for evaluating whether handbooks and work rules interfere with employee rights.
- The NLRB’s controversial decision on micro-units.
- The NLRB’s controversial ruling on Joint Employer status.
- Decisions disrespecting Employer property rights.
- Decisions impermissibly limiting the First Amendment rights of Employers.