Employers should keep an eye on the National Labor Relations Board and its rulings in the months ahead, according to Philip A. Miscimarra, the outgoing board chair.

HRDive reports that Miscimarra, who declined the offer of a second term and will leave the board in December, spoke to attendees at Epstein Becker & Green’s annual workforce management briefing in New York on September 14.

The outgoing chair told listeners that each time a board member’s term ends, it’s important for the NLRB to issue rulings on “as many cases as possible” that the departing member has participated in. If that isn’t done, rulings can be delayed for up to four years, since those cases must then be reheard.

While Miscimarra didn’t mention any particular cases that might be included in a forthcoming wave of rulings, the report points out that the NLRB maintains a webpage listing cases of interest, including a headline-grabbing unfair labor practice charge against Tesla.

But before employers get too stirred up in anticipation, David W. Garland, chair of the Epstein Becker’s National Labor and Employment Steering Committee and member of the firm’s board of directors, says in the report that Miscimarra’s promise may be a bit “ambitious.”

Garland says, “There’s no doubt that he’s committed and will work tirelessly to do that,” adding that he believes Miscimarra is dedicated to the board. But it’s too soon to tell, he cautions, whether Miscimarra will be able to carry out that plan — or, for that matter, which cases it might involve. He concludes, “We’re just going to have to wait and see.”

The NLRB, the report says, “is at the center of a number of HR’s most contentious labor law issues, including joint employment and worker misclassification.” And while the wait certainly isn’t over yet, perhaps the clock will finally tick down on some cases.

Instant Insights /

NLRB rulings could proliferate in the coming months

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