National Labor Relations Board Update
President Trump has nominated Marvin Kaplan, former counsel to the House Oversight and Government Reform Committee, and William Emanuel, a management-side labor attorney, to fill the vacant positions on the National Labor Relations Board (“NLRB”). On July 19, 2017, the Senate Committee on Health, Education, Labor, and Pensions approved the nominations of Mr. Kaplan and Mr. Emanuel and their nominations advanced. While a vote on their nominations by the entire Senate is not yet scheduled, if approved, Republicans will hold a majority on the NLRB for the first time since 2009. If appointed, which seems likely, these individuals will likely swing the pendulum of the NLRB away from Obama-era policies, including heavily regulating workplace rules and policies (including employees’ use of social media); joint employer liability; union access and use of employer e-mail (see our August 21, 2014 and January 9, 2015 blog posts regarding the Purple Communications, Inc. decision), and bargaining unit determinations. The NLRB enforces the National Labor Relations Act (“NLRA”), which applies to private sector employers. However, the Iowa Public Employment Relations Board often looks to the NLRA and NLRB decisions when deciding matters on which Iowa law is silent, making the new nominations applicable to both public and private sector employers across the state.
If you have any questions or concerns regarding this issue or other labor issues, please contact Holly A. Corkery at Lynch Dallas, P.C. at firstname.lastname@example.org or 319-365-9101.