On January 26, President Donald Trump announced the designation of current National Labor Relations Board Member Philip Miscimarra as the Board’s Acting Chairman, replacing former Board Chairman Mark Gaston Pearce. Miscimarra is the lone Republican on the Board along with Democrats Pearce and Lauren McFerran. Currently there are two vacancies on the Board, which will be filled by Republican nominees to reconstitute a Board majority from the president’s political party, as required by the National Labor Relations Act.

Miscimarra was first appointed to a seat on the Board by former President Barack Obama. After being unanimously reported out of the Senate Committee on Health , Education, Labor and Pensions (HELP) and confirmed by the Senate, he was sworn in on August 7, 2013 for a term that expires on December 16, 2017.

Immediately prior to his appointment to the NLRB, Miscimarra was a labor and employment lawyer in private practice in Chicago and was a Senior Fellow in the Center for Human Resources of the University of Pennsylvania’s Wharton Business School.

During his tenure on the Board, Miscimarra is noted for writing numerous dissenting opinions from the pro-union decisions of the Board Majority, which had reversed decades of legal precedents. A number of his dissents have been adopted by federal circuit courts of appeals.

Among his most recent and noteworthy dissents are:

Once two new Board Members are confirmed, the new Republican majority will undertake the arduous, time-consuming task of reconsidering the prior Board’s reversals of precedent once new cases rise up the pipeline to the Board. The Board is precluded from issuing advisory opinions and therefore must await “live” cases to be brought before it for decision.

In a statement, Miscimarra commented:

“It is an honor to be named NLRB Acting Chairman by the President. I remain committed to the task that Congress has assigned to the Board, which is to foster stability and to apply the National Labor Relations Act in an even-handed manner that serves the interests of employees, employers and unions throughout the country.”

Browse More Insights

American flag flapping in front of corporate office building in Lower Manhattan
Practice Group

Governmental Affairs

Ogletree Governmental Affairs, Inc. (OGA), a subsidiary of Ogletree Deakins, is a full service legislative and regulatory affairs consulting firm, dedicated to helping clients solve their problems with the public sector. OGA unites the skills and experience of government relations professionals with the talent of the Firm’s lawyers to provide solutions to regulatory issues outside the courtroom.

Learn more
Street protest against war in Ukraine in town square.
Practice Group

Traditional Labor Relations

The attorneys in Ogletree Deakins’ Traditional Labor Practice Group have vast experience in complex and sophisticated traditional labor law matters. This includes experience advising and representing employers of all sizes and across virtually all industries in connection with union representation campaigns, collective bargaining negotiations, strike preparations, labor arbitrations, and National Labor Relations Board proceedings.

Learn more

Sign up to receive emails about new developments and upcoming programs.

Sign Up Now