Outgoing NLRB chair Miscimarra promises busy fall for rulings

Expect a flurry of activity from the National Labor Relations Board in the run up to the departure of chair Philip Miscimarra. His term ends in December, and he has declined President Trump’s offer of another five years helming the NLRB.

In a recent interview, Miscimarra promised a push to decide as many cases as possible before he leaves. Reason: If an NLRB member leaves before a ruling is issued, cases that have already been heard go back to square one. Miscimarra wants to make sure the NLRB doesn’t have to rehear many 2017 cases in 2018.

Trump is reported to be considering Washington, D.C., management-side labor attorney John Ring to replace Miscimarra as NLRB chair. Ring co-chairs the labor/management practice at Morgan, Lewis & Bockius, the nation’s largest law firm.

Another Trump nominee to the NLRB still awaits Senate confirmation. William Emanuel, a partner in the Littler Mendelson employment-law firm, sat for Senate hearings in July, but a confirmation vote has yet to be scheduled. Assuming Emanuel eventually gets the nod, Republicans are virtually assured to hold a majority on the NLRB at least until 2020.