Philip Miscimarra, chairman of the National Labor Relations Board, the federal government’s main labor law enforcement agency, said the board will become more active in the coming weeks as he wants to clear as many cases as possible before his term expires in mid-December.
“For sure, we’re going to be very, very busy as an agency,” Miscimarra said, according to the human resources industry trade journal HR Dive. He added that the board would try to complete “as many cases as possible.” He did not give any indication of which cases that would be. He made the comments Thursday in remarks at the annual workforce management briefing for the New York-based firm of Epstein Becker & Green.
Business groups have been expecting such an increase since Miscimarra made it clear that he was not interested in a second term as chairman. The board typically steps up activity whenever a member is departing to prevent cases from having to be re-heard when new members come on board or being stuck in limbo if the Senate fails to confirm replacement members.
The five-member board is a quasi-independent agency that enforces the National Labor Relations Act. Its members are appointed by the president and confirmed by the Senate but it otherwise acts independently. It has been through several periods in recent decades where it has had two or more open seats, slowing down its ability to resolve cases.
President Trump is reportedly leaning toward John Ring, a Washington-based management-side labor law lawyer with the firm Morgan, Lewis & Bockius, to replace Miscimarra. Ring could ensure the board has a Republican majority through at least 2020.
Miscimarra was appointed by former President Barack Obama in 2013 upon the recommendation of Senate Majority Leader Mitch McConnell, R-Ky. By tradition, the president picks the board’s majority and allows the opposition party to have the other two seats. Trump elevated Miscimarra to chairman in January.
