Miscimarra Dissents Hint at NLRB’s Future


Steven M. Swirsky, a Member of the Firm in the Employment, Labor & Workforce Management and Health Care and Life Sciences practices, in the firm's New York office, authored an article in Law360, titled “Miscimarra Dissents Hint at NLRB's Future.” (Read the full version – subscription required.)

Following is an excerpt:

As we noted when the president appointed then-member Miscimarra to serve as acting chair of the board, meaningful change in how the board interprets and applies the act will not come until the two vacant seats are filled and a new majority is able to act. Additionally, current general counsel Richard F. Griffin Jr.’s term runs through Aug. 4, 2017.

We expect change to come as unfair labor practice issues get before the board. It is to be expected that any new members appointed by the president will almost certainly share Miscimarra’s views on such issues as use of employer email systems and the review and enforcement of workplace rules, handbooks and the like. A new balancing test such as that proposed in the Beaumont Hospital dissent is quite foreseeable.