The National Labor Relations Board now has a full complement of five members with a Republican majority for the first time in roughly a decade.  This follows from swearing in of Republican William J. Emanuel as a Board member for a term ending in 2021.  Emanuel is the second Trump nominee to join the Board, following Republican Marvin E. Kaplan’s swearing in on August 10.
The latest appointments technically provide the opportunity for the Board to reverse decisions and rules issued by the Obama Board. However, this can take some time, as it can take a while for new Board members to get up to speed enough to address key issues. Moreover, the term of the third Republican on the Board, Chairman Philip A. Miscimarra, is set to expire on December 16.  Miscimarra has announced that he is not interested in re-appointment, so a new member must be nominated and confirmed by the Senate.  Until that happens, the Board may have a period of an even Republican/Democrat split minimizing the likelihood of any significant changes in position.
For now, AGC members should continue to follow the decision and guidance issued by the prior Board unless advised otherwise by competent legal counsel.
For more information about federal labor law, visit AGC’s Labor & HR Topical Resources page.  (Be sure to login as an AGC member to see all resources.)  For labor lawyer referrals, visit the AGC Labor and Employment Law Council’s member directory. Or, contact Denise Gold at [email protected] or (703) 837-5326.