According to sources with access to the White House, President Trump plans to nominate two Republican attorneys to the NLRB by June, and to have them confirmed by the Senate before its August recess. The nominees, Marvin Kaplan and William Emanuel, would fill the two vacant slots on the Board and give agency a Republican majority.
Emanuel is a management-side employment lawyer with Littler Mendelson in Los Angeles. According to the firm’s website, he has “extensive experience representing employers in traditional labor matters.”
Kaplan is an attorney for the Occupational Safety and Health Review Commission, a federal agency that hears cases involving alleged workplace safety violations and disputes between the Labor Department and employers. He previously served as the Republican workforce policy counsel for the House Education and the Workforce Committee.
If Emanuel and Kaplan are confirmed, the NLRB is expected to modify and likely reverse a number of Obama-era rulings, including decisions that expanded joint employer liability, granted organizing rights to graduate students, allowed unions to organize “micro-units” of employees, and greatly restricted an employer’s ability to regulate workplace speech.