Steven Swirsky Quoted in “Hazy Recusal Standard Confronts Fully Stocked NLRB”

Law360

Steven M. Swirsky, Member of the Firm in the Employment, Labor & Workforce Management and Health Care and Life Sciences practices, in the firm’s New York office, was quoted in Law360, in “Hazy Recusal Standard Confronts Fully Stocked NLRB,” by Vin Gurrieri. (Read the full version – subscription required.)

Following is an excerpt:

Former Morgan Lewis & Bockius LLP attorney John Ring’s swearing-in Monday as National Labor Relations Board chair sets the stage for action in a closely watched case over the board’s joint employer test that could chart the course for when board members recuse themselves from cases in the future, experts say. …

Steve Swirsky of Epstein Becker Green told Law360 last week that it “would be unfortunate” if the ultimate outcome of the recusal controversy in the joint employer cases is to “discourage the appointment of people who really have represented parties with the issues that are involved.”

“I think it’s just going to be a question of whether they’re going to participate in cases that their firms have dealt with,” Swirsky said. “I don’t think it should discourage appointing people who come from firms representing either employers or unions on the issue. … I want people on the board … who’ve been doing this a long time and really are thoughtful about it.”