May 27, 2021

Brian Garrison Addresses the Nomination of Wilcox to the National Labor Relations Board With HR Daily Advisor

In the article “New Biden Nominee Is First Step Toward Democrats Gaining NLRB Majority,” labor and employment partner Brian Garrison discussed President Joe Biden’s nomination of Gwynne A. Wilcox for the vacant seat on the National Labor Relations Board (NLRB) and the potential impact on NLRB decisions.

HR Daily Advisor described how if Wilcox is confirmed by the Senate, she will join Democrat Lauren M. McFerran, NLRB chair, and Republicans William J. Emanuel, Marvin E. Kaplan and John F. Ring.

Wilcox is well-known within the labor-management bar and is “very well regarded by both management-side and labor-side practitioners,” according to Garrison. She is “pro-union but practical in her approach,” he added.

Garrison expects Wilcox to be confirmed. If that happens, he anticipates that she will promote collective bargaining and workers’ rights but anticipates no “earth-shattering changes” coming from the NLRB right away.

Although McFerran, as chair, can control the NLRB’s agenda somewhat, Garrison also expects the Republican majority to continue issuing decisions that consistently apply standards set during the Trump administration. After the majority flips to Democrats, however, he predicts “a sea change in the type of decisions” coming from the NLRB.

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