Reports indicate that the Trump Administration will nominate attorneys Marvin Kaplan and William Emanuel in June to fill two vacant positions on the NLRB. The hope is to have the new members confirmed by the Senate before the August recess. If confirmed, the NLRB would have a Republican majority for the first time in many years. Many believe a Republican majority would re-examine certain workplace issues, including the NLRB’s tendency to invalidate employer work rules and policies, to expand joint employer liability, and to recognize "micro-units" in collectively bargaining.
Kaplan is currently an attorney for the Occupational Safety and Health Review Commission and previously served as a Republican workforce policy counsel for the House Education and Workforce Committee. Emanuel is a labor lawyer for a management-side firm.
Similarly, the Occupational Safety and Health Review Commission may have two new members after going more than two years without a full board of members. President Trump nominated James Sullivan on May 12, 2017, who has 37 years of experience representing employers and has practiced occupational safety and health law. Another position is likely to be filled by Heather MacDougall, who has been a member of the Commission. There are three members on the Commission, giving the Administration’s appointees a majority.