It seems that the broad subject of the NLRB has dominated our writings more than not over the past few months, and it will likely continue. Last week, the US Senate confirmed the nomination of Marvin Kaplan to fill the 4th spot on the Board and then went on its summer recess until Labor Day! Consequently, the nomination of Attorney William Emanuel, who has had his confirmation hearing, will be delayed at least until sometime in September at best. The Senate must first vote for closure on the nomination, a vote that will trigger a 30 day countdown to bringing the nomination to the floor. In the meantime, Chairman Philip Miscimarra, whose term expires in December, has announced he will not accept another term so that opening will need to be filled as well. All that said, the NLRB largely continues to go about its business – in quite the entertaining way and a case in point is the brief filed Wednesday in the NLRB v. Murphy Oil case. It is before the US Supreme Court and SCOTUS will hear oral arguments on October 2. The case involves the question of whether employers’ mandatory arbitration agreements violate federal labor laws by removing the right of employees to join a class-action suit. Back in June, the Trump administration Department of Justice switched from arguing on behalf of the NLRB (as was the case under Obama) to siding with Murphy Oil on the issue moving forward. NLRB General Counsel Richard Griffin, whose contract will expire this coming November, is perhaps looking to solidify a ‘legacy’ will be handling NLRB oral arguments personally before SCOTUS. Win, lose or draw, Griffin will be out this fall and names are being bandied about as his replacement – Vermont management-side labor law attorney Peter Robb, being one of them. Much more to come . . .
