As we previously reported (
http://www.employerlaborrelations.com/2017/06/29/management-side-attorney-nominated-for-final-seat-on-nlrb/),
President Trump nominated two candidates for vacancies on the
five-member National Labor Relations Board – William Emanuel
and Marvin Kaplan. The Senate approved Mr. Kaplan to fill one of
the vacancies on August 2, 2017 by a 50-48 vote, but has yet to
schedule a date to vote on Mr. Emanuel's appointment.
Just as the Board was about to have its full complement of five
members, Chairman Philip Miscimarra, in a letter to President
Trump, announced that he will leave the Board when his term expires
on December 16, 2017. Accordingly, even if Mr. Emanuel is confirmed
by the Senate, the Board will be back down to four members and
President Trump will have the opportunity to appointment another
Board member (and Chairperson) to replace Mr. Miscimarra. In
addition, the term of Richard F. Griffin Jr. as the Board's
general counsel is set to