President appoints new NLRB chair, new EEOC chair

The President has the authority to appoint – without checking in with the Senate – the acting chairs of the NLRB and the EEOC. This week we have new heads at both agencies.

Philip A. Miscimarra was sworn in as a Member of the National Labor Relations Board on August 7, 2013 for a term that expires on December 16, 2017.  Mr. Miscimarra was nominated by President Obama on April 9, 2013 and was approved unanimously by the Senate Committee on Health, Education, Labor and Pensions on May 22, 2013.  He was confirmed by the Senate on July 30, 2013.

Mr. Miscimarra previously was a labor and employment law partner with Morgan Lewis & Bockius LLP in Chicago, and he was a Senior Fellow in the Center for Human Resources at the University of Pennsylvania’s Wharton Business School.  He is the author or co-author of several books involving labor law issues, including The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change (2d ed. 2010) (by Miscimarra, Turner, Friedman, Callahan, Conrad, Lignowski and Scroggins); The NLRB and Secondary Boycotts (3d ed. 2002) (by Miscimarra, Berkowitz, Wiener and Ditelberg); and Government Protection of Employees Involved in Mergers and Acquisitions (1989 and 1997 supp.) (by Northrup and Miscimarra); among other publications. Before joining Morgan Lewis in 2005, Mr. Miscimarra was a labor and employment attorney with Seyfarth Shaw LLP in Chicago (1987-2005); Murphy Smith & Polk PC in Chicago (now the Chicago office of Ogletree, Deakins, Nash, Smoak & Stewart, PC) (1986-87); and Reed Smith Shaw & McClay (now Reed Smith LLP) (1982-1986).

Mr. Miscimarra received his Juris Doctor from the University of Pennsylvania Law School; a Masters in Business Administration from the University of Pennsylvania’s Wharton Business School; and a Bachelor of Arts degree, summa cum laude, from Duquesne University.

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Victoria A. Lipnic has served as a Commissioner of the EEOC since 2010, having been nominated to serve by President Barack Obama, and confirmed by the Senate, initially for a term ending on July 1, 2015. President Obama nominated her to serve a second term ending on July 1, 2020, and she was confirmed by the Senate on November 19, 2015. Immediately before coming to the EEOC, Commissioner Lipnic was of counsel to the law firm of Seyfarth Shaw LLP in its Washington, DC, office.

Commissioner Lipnic brings to the EEOC a breadth of experience working with federal labor and employment laws, most recently as the U.S. Assistant Secretary of Labor for Employment Standards, a position she held from 2002 until 2009. In that position, she oversaw the Wage and Hour Division, the Office of Federal Contract Compliance Programs, the Office of Workers' Compensation Programs, and the Office of Labor Management Standards. Under her tenure, the Wage and Hour Division revised regulations regarding overtime under the Fair Labor Standards Act, reissued regulations under the Family and Medical Leave Act, and the Office of Federal Contract Compliance Programs issued new guidance and regulations for evaluating compensation discrimination.

In addition to her work with the Department of Labor, Commissioner Lipnic's government experience includes service as Workforce Policy Counsel to the then-Majority (Republican) members of the Committee on Education and the Workforce in the U.S. House of Representatives. Before her work for Congress, Commissioner Lipnic acted as in-house counsel for labor and employment matters to the U.S. Postal Service for six years. She also served as a special assistant for business liaison to the then U.S. Secretary of Commerce, Malcolm Baldrige.

A native of Carrolltown, Penn., where her late father was a teacher and long-serving mayor, Commissioner Lipnic earned a B.A. degree in Political Science and History from Allegheny College and a J.D. degree from George Mason University School of Law.

 

Web site for Ross Runkel, Arbitrator & Mediator: https://www.rossrunkel.com/