On September 25, the Senate confirmed William Emanuel to the National Labor Relations Board by a vote of 49-47. With Emanuel’s confirmation, and the Senate’s recent confirmation of Republican Marvin Kaplan, the Board now has its full five-members and a Republican majority, which it has not had since before the Obama administration. Along with Kaplan, Emanuel joins Republican Chairman Philip Miscimarra and Democratic members Mark Gaston Pearce and Lauren McFerran.
A veteran management-side attorney with Littler Mendelson, Emanuel has significant experience representing employers before the Board. His previous clients include companies in the transportation, banking, automotive, and healthcare industries. Just before the vote, Senate Majority Leader Mitch McConnell (R-KY) tweeted: “The @NLRB is supposed to be a neutral umpire in labor disputes. It’s time it got back to that. Confirming Mr. Emanuel today will help do so.” Senator Dean Heller (R-NV) stated that he was encouraged that the Board has a new majority for the first time in nearly a decade and that “it will be instrumental in making balanced decisions that will help boost our economy and create jobs . . . around the country.” Senate Democrats, including Elizabeth Warren (D-MA), were less enthusiastic. Warren expressed concerns that Emanuel should not serve on the Board after spending his lengthy career trying to prevent workers from unionizing.
Various business groups supported President Trump’s nomination of Emanuel and praised his ultimate confirmation. National Retail Federation Senior Vice President for Government Relations David French previously urged the Senate to promptly confirm Emanuel, noting that retailers were confident that he would be a “fair arbiter of the law.” Competitive Enterprise Institute labor policy expert Trey Kovacs stated that Emanuel would be an outstanding addition to the Board. Kovacs added, “It’s essential that the NLRB start to undo the harm caused during the Obama administration, when the board put out numerous job-killing decisions and rules that weaken worker choice.”
While the Republicans have a 3-2 majority, and with Chairman Miscimarra’s term coming to an end in December 2017, look for the Board to soon revisit previous high profile Board decisions that placed significant burdens on employers, including such issues as the joint employer standard, micro-bargaining units, and employer handbooks and policies, as well as possibly rescinding speedy election rules.