Short-Lived Victory for Employers? NLRB Chairman Reportedly Stepping Down in December

BNA Bloomberg and Law360 are reporting that National Labor Relations Board (NLRB) Chairman Philip Miscimarra is stepping down when his current five-year term expires in December rather than seeking reappointment. Miscimarra reportedly is leaving the agency for personal reasons. Having been the lone pro-management voice on the NLRB for an extended period and consistently being out-voted by his pro-union counterparts, Chairman Miscimarra’s dissents have been colorful and may provide a glimpse as to what pro-management majority NLRB decisions will look like in the near future. Indeed, in just the past few months he issued scathing dissents regarding the agency’s stance on micro-units and Facebook discipline cases. The NLRB currently is deadlocked with two pro-management and two pro-labor members, as pro-management member Marvin Kaplan joined the board just last week. Another pro-management member, William Emanuel, is expected to be confirmed soon, giving the NLRB a pro-management majority for the first time in nearly a decade. Given Miscimarra’s imminent departure later this year, however, the pro-management majority may be short-lived – at least until President Trump can get a replacement lined up and confirmed.