Posts tagged Marvin Kaplan
President Trump Taps Two GOP Nominees for NLRB, But Uncertainty Remains
July 21, 2025 // President Trump nominated Scott Mayer (chief labor counsel at Boeing Co.) and James Murphy (former NLRB attorney) to fill two vacant Republican seats on the NLRB, potentially restoring the Board’s ability to issue decisions. Mayer’s work experience demonstrates a strong management background, having worked at InterContinental Hotels Group, MGM Resorts International, Aramark, and several law firms prior to his current role at Boeing. Meanwhile, Murphy was selected by Kaplan to serve as his chief counsel in 2017 and has spent his career at the Board, having served as staff counsel or supervisor on the staffs of dozens of Board members.
Trump Names NLRB Nominees, Providing Path to Functioning Quorum
July 17, 2025 // The administration Thursday nominated Scott Mayer, chief labor counsel at the Boeing Co., and James Murphy, a former career NLRB lawyer, to fill the two open Republican board seats. The NLRB has been unable to issue decisions for most of Trump’s second term because his January firing of Democratic member Gwynne Wilcox dropped the board below the three-member minimum necessary for a quorum. The US Supreme Court blocked a federal judge’s order to reinstate Wilcox as litigation over her termination proceeds. If Trump’s nominees sail through the Senate approval process, they would join Chair Marvin Kaplan to form a three-member GOP majority on the board, with David Prouty continuing to serve as the sole Democratic member.
New York State Looks to Take Over Labor Law Enforcement Amidst Uncertainty at the NLRB
June 26, 2025 // With mounting uncertainty about the lack of a quorum and near term future of the National Labor Relations Board (the “NLRB” or the “Board”), New York State legislators are attempting to usurp the powers delegated to the Board by Congress.
GOP lawmakers demand info on Biden-era spending used to declare student-athletes as employees
March 3, 2025 // While the change in how college athletes are treated has been welcomed by many, others have been concerned about the move's potential implications. Earlier this month, the Trump administration rescinded the Biden administration NLRB's September 2021 memo insisting college athletes be recognized as employees under federal labor laws. The Trump administration this month also revoked guidance issued by President Joe Biden on his way out of the White House that required schools to distribute direct NIL payments equally to female and male athletes. Aaron Withe, an expert in government unionization and a former college athlete, said he fears continued momentum toward viewing college athletes as strictly employees will destroy college sports. "Are unions going to step in between a coach and their athletes for yelling at the players, or because practice went long or because they're making them run an exceptional amount of lines?" Withe wondered. "If you're represented by a union, they're now your bargaining agent. You have no ability to go represent yourself in anything with the university if it is deemed they are your employer. You've got no ability to go negotiate with them anymore."
Walberg, Allen to NLRB: How Much Taxpayer Money Did Biden-Harris Spend Trying to Unionize Student Athletes
March 2, 2025 // “In September 2021, General Counsel Abruzzo issued a memorandum to NLRB field offices taking a ‘prosecutorial position’ that certain student-athletes were employees under the NLRA. The memo further stated she would pursue an independent violation of NLRA Section 8(a)(1) in ‘appropriate’ cases where an employer misclassified players as student-athletes rather than as employees.” The letter continues: “General Counsel Abruzzo’s attempts to impose the Biden-Harris administration’s misguided priorities on the student-athlete population would have caused significant consequences. Student-athletes would have lost the ability to negotiate their own deals with universities, and classifying these student-athletes as employees could have hindered their ability to transfer between schools.
Trump fires EEOC and labor board officials, setting up legal fight
January 29, 2025 // Due to existing vacancies, Wilcox's ouster leaves the board with just two members, short of the quorum it needs to adjudicate even routine cases. (The board, when fully staffed, has five members.) With this move, Trump has effectively shut down the NLRB's operations, leaving the workers it defends on their own, AFL-CIO president Liz Shuler said in a statement.
The Changes Begin: Trump Administration Takes Slew of Actions in the Labor and Employment Field
January 28, 2025 // President Trump did not take immediate action to fire the General Counsels for the EEOC and NLRB, moves that had been widely anticipated for his first day in office, although those actions are expected soon. Once made, the moves will further shift those agencies away from their Biden-era policies toward, to some extent, more business-friendly approaches with some significant caveats evident in the President’s initial Executive Orders.
Schumer moves to lock in place Democrat-majority labor board
December 11, 2024 // Senate Democratic leader Chuck Schumer is attempting to ensure that the Democrats retain control of the National Labor Relations Board, the main federal labor law enforcement agency, until at least 2026 by extending the term of its current chairwoman, Lauren McFerran. A Senate floor vote on McFerran’s nomination is pending and, while it is possible that Senate Republicans could block it, it is not clear if enough will show up for the vote to do that. The vote may happen on Wednesday. This matters because the current board has been an aggressive advocate for unionization.
NLRB Seeks to Cancel Debate on Unionization
November 15, 2024 // Dissenting Board Member Marvin Kaplan, however, points out that the NLRA “favor[s] uninhibited, robust, and wide-open debate in labor disputes,” and the Supreme Court, Congress, and the Board have all recognized the legality of employer speech rights during organizing campaigns, including the use of captive audience meetings. Kaplan highlights that past efforts by the Board to restrict non-coercive speech by employers have routinely failed.
The NLRB’s Orwellian ‘Fair Choice – Employee Final Voice Rule’
July 31, 2024 // McFerran’s term expires at the end of the year. The Biden administration has renominated her, and Senate Democrats on the Health, Education Labor and Pensions committee are attempting to fast-track her approval. Extending her term would ensure Democrats retain a functioning majority on the quasi-independent board until at least 2026, and possibly until 2028, even if likely presidential nominee Kamala Harris should lose in the fall. As much as unions and their allies talk about giving workers a voice, they usually oppose workers having the right to hold their unions to account.