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Omaha Steve

(99,556 posts)
Wed Apr 26, 2017, 05:59 PM Apr 2017

President Appoints Philip A. Miscimarra NLRB Chairman

Source: NLRB

Washington, DC -- Philip A. Miscimarra has been named Chairman of the National Labor Relations Board by President Donald J. Trump.

“It is a great honor to be named NLRB Chairman by the President,” Miscimarra said. “The Board has the important responsibility of applying the National Labor Relations Act in an even-handed manner that serves the interests of employees, employers and unions throughout the country. I remain committed to these efforts.”

President Trump designated Miscimarra NLRB Chairman on April 24, 2017, after the White House on April 21, 2017 announced the President’s intent to name Miscimarra Chairman. Miscimarra had been previously designated Acting Chairman by President Trump on January 23, 2017, and served as a Board Member since August 7, 2013. Miscimarra was nominated on April 9, 2013 to serve on the Board, and was approved unanimously by the Senate Committee on Health, Education, Labor and Pensions on May 22, 2013. He was confirmed by the Senate on July 30, 2013, and his current term expires on December 16, 2017.

The NLRB also consists of NLRB Member Mark Gaston Pearce (previously NLRB Chairman), whose term expires on August 27, 2018; and NLRB Member Lauren McFerran, whose term expires on December 16, 2019. Two Board member seats are currently vacant.

Before joining the Board, Chairman Miscimarra was a Senior Fellow at the University of Pennsylvania’s Wharton Business School in the Wharton Center for Human Resources, and a labor and employment law partner with Morgan Lewis & Bockius LLP in Chicago. He also previously worked as a labor and employment attorney with Seyfarth Shaw LLP; Murphy Smith & Polk PC (now the Chicago office of Ogletree, Deakins, Nash, Smoak & Stewart, PC); and Reed Smith Shaw & McClay (now Reed Smith LLP).

Miscimarra received his Juris Doctor from the University of Pennsylvania Law School; a Master of Business Administration from the University of Pennsylvania’s Wharton Business School; and a Bachelor of Arts, summa cum laude, from Duquesne University.

Copyright exempt.

Read more: https://www.nlrb.gov/news-outreach/news-story/president-appoints-philip-miscimarra-nlrb-chairman-0



Philip Miscimarra Is Mad as Hell, and You Should Be Too!

At issue in Schwan’s Home Service is the viability of various workplace communication policies.

June 15, 2016
by Jon Hyman

NLRB Member Philip Miscimarra is mad as hell about the Board’s current position on employee-handbook policies and protected concerted activity, and he’s not gonna to take this anymore.

At issue in Schwan’s Home Service (6/10/16) [pdf] is the viability of an various workplace communication policies. A two-member majority of the NLRB applied the “reasonably construe” test of Lutheran Heritage — that a work rule violates the NLRA if one could reasonably construe it to prohibit Section 7 activity — to conclude that the various policies were unlawful as drafted.

In dissent, member Miscimarra picked up the theme he started earlier this year inWilliam Beaumont Hosp. and delivered a blistering 13-page rant against the NLRB’s current position on the continuing viability of Lutheran Heritage on facially neutral workplace rules. Of particular import, he fails to understand how the NLRB can apply a rule that makes compliance impossible and suggests that employers are better of without any work rules than to take a chance of NLRB invalidity.

FULL story: http://www.workforce.com/2016/06/15/philip-miscimarra-is-mad-as-hell-and-you-should-be-too/

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