This week, the Trump Administration announced the appointment of Marvin Kaplan to the National Labor Relations Board (NLRB). If confirmed, Mr. Kaplan would be the second Republican on the currently three-member panel. We anticipate that a Republican-controlled NLRB will more accurately defend employer and employee rights under the National Labor Relations Act (NLRA).
Under the Obama administration, the NLRA released several controversial decisions, specifically damaging was changing the longstanding definition of “joint-employer.” In response to the announcement the Coalition for A Democratic Workplace ( a broad coalition of U.S. industry, which NPMA is a member of) released a press release in support of Mr. Kaplan.
The NLRB is a federal agency that has the authority to investigate and remedy unfair labor practices in the private sector under the NLRA. The NLRA guarantees employees the right to organize into trade unions, the right to decertify a trade union, engage in “concerted activity” to request better wages and work conditions and negotiate collective bargaining agreements with employers.
NLRB enforcement resides in the power of a general counsel to investigate complaints followed by a hearing where an administrative law judge determines the outcome.
The decision is then reviewed by a 5 member panel, appointed by the President and approved by the Senate. NLRB decisions are appealable to the U.S. Court of Appeals of proper jurisdiction, if petitioned. A final ruling by the NLRB is a binding decision unless overturned by the U.S. Court of Appeals.