June 25, 2017
By Steven Wishnia and Neal Tepel
Washington, DC – President Donald Trump appointed Washington lawyer Marvin Kaplan June 20 to fill a vacant seat on the National Labor Relations Board, ending its 2-1 Democratic and pro-union majority.
Kaplan, who is now counsel for the federal Occupational Safety and Health Review Commission, was previously counsel for Republicans on the House Committee on Education and the Workforce. In 2015, he helped develop a bill committee chair John Kline (R-Minn.) said would prevent “an activist board from implementing sweeping changes on the workplace.” Sen. Lamar Alexander (R-Tenn.) told the Associated Press he plans to move quickly to confirm Kaplan, but a full Senate vote may not happen until the fall. Trump is also expected to name management-side lawyer William J. Emanuel to fill the fifth seat, which would give Republicans a majority on the NLRB for the first time since 2007. If that happens, it would likely reverse several rulings it made during the Obama administration, such as the 2015 decision that said franchises and companies that hire workers through staffing agencies could be considered a “joint employer” liable for wage and safety violations. Read more