Nomination

NLRB Nominee: David Prouty

David Prouty
Nominated to be a Member of the National Labor Relations Board
Nomination announced: June 22, 2021

David Prouty is a lawyer and general counsel of SEIU Local 32BJ, representing property service workers.  Previously he provided legal services for the MLB Players association and UNITE HERE.  Prouty is nominated for a term at the NLRB that would expire on August 27, 2026.  Confirmation of David Prouty, along with fellow nominee Gwynne Wilcox, would give Democratic members a 3-2 majority at the NLRB.

At Prouty’s confirmation hearing, Raking Member Richard Burr (R-NC) raised concerns about Prouty and Wilcox both currently working for the SEIU and whether that would present a conflict of interest if they are confirmed for the NLRB. This is a familiar concern, as congressional Democrats had numerous complaints about Trump-era NLRB nominees purported conflicts of interest tied to former employers or clients.

In regard to the issue of the whether companies are classified as “joint employers”, he was asked if the SEIU was a joint employer with its local unions.  Mr. Prouty dismissed the comparison, providing a very simple explanation for why the entities were not joint employers, “I’m an employee of Local 32BJ which is part of SEIU but a separate entity. It files its own registrations under the Department of Labor, I’m not employed by SEIU, and so I don’t think the joint employer model as you laid out is analogous to the situation between SEIU and its locals.”  To many interested stakeholders, including contractors, small businesses, and franchisees; such an explanation – independently filing government paperwork and employing its own workers – was likely a welcome reply should he continue to hold that view if confirmed.

Nomination Status: David Prouty was confirmed to be a member of the NLRB on July 28, 2021, by a vote of 53-46.

 

Additional Resources

PRESS RELEASE: Business Leaders Urge Congress to Reject NLRB Nominations of David Prouty and Gwynne Wilcox
Coalition for a Democratic Workplace

BLOG: White House Announces Emmanuel’s Replacement at NLRB
June 28, 2021, U.S. Chamber of Commerce,
Sean P. Redmond, Executive Director, Labor Policy

VIDEO: Senate Nomination Hearing for David Prouty
July 15, 2021, U. S. Senate Committee on Health, Education, Labor and Pensions

STATEMENT: Senate HELP Committee Ranking Member Richard Burr
July 15, 2021, U. S. Senate Committee on Health, Education, Labor and Pensions

 

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