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The NLRB Has a New Member, but Its Transformation Is Not yet Complete

Blank Rome Workplace

On Monday, September 25, 2017, in a party-line vote of 49-47, the Senate (finally) confirmed William Emanuel to fill the only remaining open seat on the National Labor Relations Board for a five-year term. Mr. Emanuel joins fellow Trump appointee Marvin E. Kaplan, and, along with Chairman Philip A. Miscimarra, Republicans now control the majority on the five-member Board. Mr. Emanuel is a long-time management-side labor lawyer based in California at the law firm Littler Mendelson. Prior to his time with Littler Mendelson, Mr. Emanuel represented employers at Jones Day and Morgan, Lewis & Bockius.

Although the Board now has its full complement of members, there are more staffing issues to address, which are not likely to be settled until early 2018. The General Counsel of the Board is Obama-appointee Richard F. Griffin, Jr., whose term will expire on November 4, 2017. The NLRB’s General Counsel is a unique role in that it is a position independent from the Board, and is responsible for the investigation and prosecution of unfair labor practices cases, including the issuance of complaints, and for the supervision of NLRB field offices. 

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