Tuesday, June 20, 2017

Marvin Kaplan to be Nominated to NLRB

NLRBAs predicted, Marvin Kaplan will be nominated as a member of the NLRB.  At the moment, Kaplan is counsel at the Occupational Safety and Health Review Commission. especially given his previous Capitol Hill experience as counsel for the House Workforce and Education Committee, I would expect his nomination to come relatively quickly, producing a 2-2 political split on the Board (of course, most cases will be heard by a randomly selected 3-member panel).

Stay tuned.

-Jeff Hirsch


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My understanding was that the 3 Member panels were not randomly selected, but rather selected by the Chair who is selected by the sitting President. I could be wrong, however.

Posted by: Mitchell Rubinstein | Jun 28, 2017 12:44:15 PM

That was my experience when I was with the Board. The panels were set by the Chairman. Not surprisingly, nearly all of the panels were created to maintain the majority of the in-power party. However, there would be at least one panel with a minority-party majority. The Board's internal process would allow any member of any panel to "poll the Board" on a particular case. That process prevented a minority-panel from deciding important, precedent setting or maintaining, cases in ways different from the majority-party's policy leanings.

Posted by: Joe Mastrosimone | Jul 25, 2017 11:25:01 AM

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