Where Does the NLRB Go from Here?
The NLRB continues to pursue an active agenda with significant implications for employers across most industries and sectors. Under the Trump administration, the board has made a concerted effort to pull back numerous workplace rules and decisions implemented under the previous administration that made organizing easier, including a focus on nonunion workplaces and increased scrutiny of whether employer policies interfere with employees’ right to organize under the National Labor Relations Act. Yet, conflict-of-interest determinations are playing an outsized role with this board’s ability to rule on these and other critical issues pertinent to the workplace. This session will explore key decisions pending before the board and the impact they may have on the workplace. Topics to be covered include:
- Implications on recent NPRM on joint-employer.
- Implications on long-term activity centered on “ambush” election rules.
- Long-term outlook for the NLRB.
Philip A. Miscimarra
Philip A. Miscimarra was sworn in as a Member of the National Labor Relations Board on August 7, 2013 for a term that expires on December 16, 2017. Mr. Miscimarra was nominated by President Obama on April 9, 2013 and was approved unanimously by the Senate Committee on Health, Education, Labor and Pensions on May 22, 2013. He was confirmed by the Senate on July 30, 2013.
Mr. Miscimarra previously was a labor and employment law partner with Morgan Lewis & Bockius LLP in Chicago, and he was a Senior Fellow in the Center for Human Resources at the University of Pennsylvania’s Wharton Business School. He is the author or co-author of several books involving labor law issues, including The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change (2d ed. 2010) (by Miscimarra, Turner, Friedman, Callahan, Conrad, Lignowski and Scroggins); The NLRB and Secondary Boycotts (3d ed. 2002) (by Miscimarra, Berkowitz, Wiener and Ditelberg); and Government Protection of Employees Involved in Mergers and Acquisitions (1989 and 1997 supp.) (by Northrup and Miscimarra); among other publications. Before joining Morgan Lewis in 2005, Mr. Miscimarra was a labor and employment attorney with Seyfarth Shaw LLP in Chicago (1987-2005); Murphy Smith & Polk PC in Chicago (now the Chicago office of Ogletree, Deakins, Nash, Smoak & Stewart, PC) (1986-87); and Reed Smith Shaw & McClay (now Reed Smith LLP) (1982-1986).
Mr. Miscimarra received his Juris Doctor from the University of Pennsylvania Law School; a Masters in Business Administration from the University of Pennsylvania’s Wharton Business School; and a Bachelor of Arts degree, summa cum laude, from Duquesne University.