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Berry did not answer a request for comment. “It’s sort of like 'Game of Thrones,'” said Roger King, a friend of Emanuel’s and senior labor and employment counsel for the HR Policy Association. Or maybe three-dimensional chess. The National Right to Work Committee is a natural ally to Emanuel, but, remarkably, it’s come to regard Emanuel as a problem that must not be replicated in future NLRB nominations, lest pro-labor Democrats gain an upper hand through additional recusals. In its March newsletter, the group revealed that the Trump administration ignored its advice “not to choose … another management attorney who would have to recuse himself or herself potentially from vast numbers of cases involving clients of the attorney’s former employer.” That advice, the newsletter complained, “went unheeded” when Trump nominated Ring, a partner at the management-side law firm Morgan, Lewis and Bockius, “whose client list is even longer than Littler Mendelson’s.” The Senate confirmed Ring last week. “For the next year and a half,” warned National Right To Work Committee vice president Matthew Leen in the newsletter, “two of the three NLRB members who aren’t profoundly biased in favor of forced unionism may have to recuse themselves from multiple cases.” In effect, Leen was saying that the Trump administration was so blatantly anti-labor that it may be unable to fulfill its anti-labor objectives. It’s hardly new for politicians to wrangle over the NLRB. In 2012, the board made headlines when President Barack Obama tested the limits of his executive power by bypassing Congress and granting three recess appointments to the NLRB even though the Senate was technically in session. Obama ended up losing in the Supreme Court. This time, though, partisan warfare has penetrated the agency itself. General counsel Robb sent senior agency staffers reeling after he announced in a Jan.
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