Steven Swirsky Quoted in “Stalled NLRB Nominee Vote Clouds Agency's Future”

Steven M. Swirsky, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in Law360 Employment Authority, in “Stalled NLRB Nominee Vote Clouds Agency's Future,” by Braden Campbell. (Read the full version – subscription required.)

Following is an excerpt:

The Senate labor committee's withholding of a vote on a National Labor Relations Board nominee has clouded the agency's timeline for gaining the quorum it needs to fully function, let alone the three-seat majority Republicans may need to rethink the precedents employers are itching for the board to shed. …

While three-member NLRB panels can decide cases, the board has historically reversed precedents only through the agreement of at least three members. The longer the agency goes without a third Republican, the longer it will likely be until it revisits union-friendly precedents issued during the Biden administration — unless the president's picks discard this practice, which the National Labor Relations Act does not require.

"It wouldn't surprise me to see that fall by the wayside," said Steven Swirsky, a member in the labor practice at management-side Epstein Becker Green.