Emanuel confirmed; NLRB management majority restored
On the evening of Monday, Sept. 25, the U.S. Senate voted 49 to 47 to confirm William Emanuel to the National Labor Relations Board. This is great news for employers everywhere, as a management majority is now restored!
In recent years, under President Obama, the NLRB had a two-to-one union-friendly majority. Last spring, President Trump nominated Emanuel, as well as Marvin Kaplan. Kaplan was confirmed on Aug. 10. With Emanuel's confirmation, all five seats on the board are now filled, giving Republicans a three-to-two majority.
In light of this development, the NLRB is very likely to revisit a number of significant legal issues from the past eight years that have tilted the playing field in favor of unions, including, but not limited to, the following:
- Independent contractor status under the NLRA.
- A return to common sense standards for evaluating whether handbooks and work rules interfere with employee rights.
- The NLRB's controversial decision on micro-units.
- The NLRB's controversial ruling on joint employer status.
- Decisions disrespecting employer property rights.
- Decisions impermissibly limiting the First Amendment rights of employers.
L. Michael Zinser is the founding partner of The Zinser Law Firm in Nashville, Tenn. The firm, which has a heavy concentration of clients in communications media, represents management in the area of labor and employment. Zinser can be reached at (615) 244-9700 or firstname.lastname@example.org.