In what appears to be the first time he has participated in a National Labor Relations Board decision, new NLRB Member Marvin E. Kaplan, a Republican, has voted to deny an employer’s request to stay an election. He voted with Democrat Mark Gaston Pearce and contrary to Republican Philip Miscimarra. Kaplan was sworn in on August 10, 2017, for a term ending August 27, 2020.
In PCC Structurals, Inc., Case 19-RC-202188 (Sept. 22, 2017), an unpublished decision, the employer requested to stay an election scheduled for September 22, 2017, or, alternatively, to impound the ballots. The Board panel, consisting of Chairman Miscimarra and Members Pearce and Kaplan, denied the request by a two-to-one vote, with Miscimarra dissenting. Kaplan sided with Pearce to deny the request.
In his dissent, Miscimarra noted his continuing disagreement with the Board’s quickie election rule, which became effective in April 2016. Kaplan explicitly noted that he was expressing “no view with respect to whether he agrees or disagrees with revisions made by the Election Rule….”
Kaplan has been a member of the NLRB for more than a month, and so we can expect him to participate in more Board decisions soon. Whether Kaplan agrees or disagrees with the decisions and rules issued by the Obama Board remains to be seen.