I’m on record as calling Philip Miscimarra “mad as hell,” referring to his scathing dissents in recent NLRB protected concerted activity cases. I also have it on good authority that while he and I agree that the NLRB has gone off the proverbial reservation in these cases, he is not, in fact, mad as hell.
Be that as it may, he has every reason today to be as happy as he can be.
Late last week, President Trump removed the “acting” from Mr. Miscimarra’s title as NLRB Chair, officially naming him to fill that position on a permanent basis.
Congrats, Mr. Miscimarra. I cannot wait for your Board to undo the damage done to employers by the Obama-era NLRB. For example:
Congrats, Mr. Miscimarra. I cannot wait for your Board to undo the damage done to employers by the Obama-era NLRB. For example:
- Protected converted activity and illegal garden-variety, facially neutral handbook policies
- The newly liberalized joint-employer standard
- Illegal arbitration clauses and class-action waivers (unless SCOTUS beats him to it)
- Ambush election rules
- Broader email solicitation rules that invade corporate property rights in their computer systems
Thank you, sir, for putting up the good fight in dissent these past four years. Now, let’s see what you can do as the Head NLRB Member in Charge (once President Trump fills the Board’s two vacancies).