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President Trump recently named Marvin Kaplan, one of the recently appointed National Labor Relations Board (“NLRB”) members, Chairman of the NLRB on December 21, 2017. The previous Chairman, Philip Miscimarra, did not seek a new term once his current term expired on December 16.

Chairman Kaplan came to the Board following a long career in public service. He has held positions in numerous government entities, including the Department of Labor, various House committees, and OSHA.  During his career, he has described himself as investigating “allegations of waste, fraud, and abuse by the Department of Labor, National Labor Relations Board, and Federal employees generally,” as well as leading “efforts to fight DOL overtime rules and 2012 unconstitutional NLRB recess appointments.”  He is expected to be a pro-business voice.

However, the start of Chairman Kaplan’s tenure as Chairman is not expected to produce many pro-business decisions. With former Chairman Miscimarra choosing not to seek a second term, the composition of the Board is deadlocked with two Democrats and two Republicans.  Of course, President Trump can/will appoint another Republican Board member, but doing so and having him/her confirmed by the Senate will take time.  Until then, we expect no controversial decisions.  Once the Board is fully staffed, we expect more pro-business decisions and further reversals of the Obama initiatives.

Brody and Associates regularly advises its clients on union-related matters and provides union-free training. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.