Morgan Lewis office in Washington, D.C. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL

Philip Miscimarra will return to Morgan, Lewis & Bockius after his nearly five-year stint as a National Labor Relations Board member, the firm said Tuesday.

Miscimarra, previously at Morgan Lewis from 2005 to 2013, will rejoin the firm in the Washington and Chicago offices. John Ring, a Morgan Lewis partner in Washington, was nominated to fill his position. His nomination is pending in the U.S. Senate.

“We are delighted that Phil is rejoining our firm following his important service as a member and chairman of the NLRB,” Morgan Lewis chairwoman Jami McKeon said in a statement. “His thoughtful and collaborative approach to determining matters of labor law was recognized by two presidents of very different philosophies and will certainly serve our clients well as he returns to private practice.”

Philip Miscimarra

Miscimarra told the National Law Journal on Tuesday he did consider other firms and opportunities. He said he returned to Morgan Lewis because he knew first-hand about the firm's national resources. He said he'll be focusing on all aspects of labor law, including major business changes, such as reorganizations and mergers and acquisitions, as well as employment litigation.

“I'm happy to be back in a position to help address those types of issues with clients of the firm,” Miscimarra said. “The NLRB does important work that has impact. During my time on the board, I was honored to do that work as an NLRB member and for the past year as acting chairman. At the same time, there is a place in private practice to make a different type of contribution.”

In April 2013, Miscimarra reported earning $2 million in partnership income, an amount that included his 2011 bonus, according to his financial disclosure on file at the U.S. Office of Government Ethics.

Miscimarra regularly voted in the minority on the Obama-era board, often serving as the voice of dissent on major cases pushed through by the administration's Democrat-controlled board. Those issues included major decisions on union organizing, joint employer definitions and graduate students right to organize.

The Trump administration's NLRB, which includes former Littler Mendelson shareholder William Emanuel and Marvin Kaplan, has pushed through a string of decisions overturning Obama-era precedents. The board adopted a more narrow definition of “joint employer,” voiding wide-reaching changes to employee-handbook policies and taking steps to undo sped-up union elections.

At Morgan Lewis, Miscimarra will advise business groups on employment policy and lead the firm's NLRB special appeals practice that assists clients with appeals to the board and its general counsel. Miscimarra will resume his role as senior fellow at the Center for Human Resources at the University of Pennsylvania's Wharton Business School.

“Phil, in addition to being a truly great lawyer, is one of the most important legal thinkers and theoreticians regarding labor and employment issues in the United States,” said Grace Speights, who heads the Morgan Lewis labor and employment practice. “Clients will find in him a passionate advocate for their interests who also is extremely conversant with the complexities of labor law and regulation.”

Philadelphia-founded Morgan Lewis has a long history of connections with the labor board. Former NLRB member Harry Johnson joined Morgan Lewis in 2015, counsel Charles Cohen served from 1994 to 1996 and former partner Peter Hurtgen twice sat on the NLRB as a member from 1997 and 1999 and as chairman from 2000 to 2002.

 

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