Philip A. Miscimarra is the former chairman of the US National Labor Relations Board (NLRB) and represents clients on a wide range of labor and employment issues, with a focus on labor-management relations and employment litigation. He leads Morgan Lewis’s NLRB special appeals practice and is co-leader of Morgan Lewis Workforce Change, which manages all employment, labor, benefits, and related issues arising from mergers, acquisitions, startups, workforce reductions, and other types of business restructuring. Phil is also a senior fellow at the University of Pennsylvania Wharton School and the Wharton Center for Human Resources. He is admitted in Illinois only, and his practice is supervised by DC Bar members.
When Phil was appointed to serve on the NLRB as a board member in 2013, he was unanimously approved by the Senate Committee on Health, Employment, Labor, and Pensions and was confirmed by voice vote in the Senate. Phil was designated chairman of the NLRB in April 2017, and he served as acting chairman from January to April 2017. During Phil’s NLRB tenure, he participated in approximately 1,400 decisions.
Between May 2005 and August 2013, before serving on the NLRB, Phil was a partner at Morgan Lewis, and he represented major business groups addressing important employment and labor relations policy issues. Phil also testified before the US Congress regarding a variety of labor law issues addressed by the House Committee on Education and the Workforce, the Subcommittee on Health, Employment, Labor, and Pensions, and the House Committee on Oversight and Government Reform.
Chambers USA named Phil one of the leading lawyers for employment law in the United States from 2004 to 2012, based on the views of clients, peers, and other industry professionals. He was described as a "fantastic lawyer" and "prolific writer," with clients admiring his "multilayered abilities and business savvy" and his "high level of integrity." Chambers quoted competitors as saying, "Most lawyers pale next to Philip Miscimarra."
Phil is the author or coauthor of several books dealing with labor and employment issues including The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change (2d ed. 2010) (by Miscimarra, Turner, Friedman et al.), the first edition of which was cited by the NLRB for its "comprehensive review of prior decisions in this area, including cogent criticism of inconsistency and ambiguities" (Milwaukee Spring Division of Illinois Coil Spring Co., 268 NLRB 601, 603 n. 12); The NLRB and Secondary Boycotts (3d ed. 2002) (by Miscimarra, Berkowitz, Wiener and Ditelberg); Government Protection of Employees Involved in Mergers and Acquisitions (1989 and 1997 supp.) (by Northrup and Miscimarra); and Multinational Union Organizations in the White-Collar, Service, and Communications Industries (1983) (by Rowan, Pitterle, and Miscimarra).
National Labor Relations Board
Chairman (April 24, 2017 to December 16, 2017), Acting Chairman (January 23, 2017 to April 24, 2017); Board Member (August 7, 2013 to January 23, 2017)
Lead counsel representing M&G Polymers USA, LLC in the district court and court of appeals in M&G Polymers USA, LLC v. Tackett, 135 S. Ct. 926 (2015), reversing and remanding 733 F.3d 589 (6th Cir. 2013), affirming 853 F. Supp. 2d 697 (S.D. Ohio 2012), on remand from 561 F.3d 478 (6th Cir. 2009), reversing 523 F. Supp. 2d 684 (S.D. Ohio 2007).
Represented the US Chamber of Commerce and the Coalition for a Democratic Workplace (CDW) in litigation regarding the NLRB rules governing union elections.
Represented John Kline, chairman of the House Committee on Education and the Workforce, and other House members in litigation regarding the NLRB notice-posting rules.
Represented the US Chamber of Commerce, the National Association of Manufacturers, and the American Iron and Steel Institute in the leading NLRB cases involving employee committees and employee involvement initiatives (Electromation and DuPont).
Represented The Business Roundtable during the US Department of Labor rulemaking concerning the Worker Adjustment and Retraining Notification Act (WARN).
University of Pennsylvania Law School, 1982, J.D.
University of Pennsylvania, Wharton School of Business, 1982, M.B.A.
Duquesne University, 1978, B.A.
Awards and Affiliations
Fellow, College of Labor and Employment Lawyers
Recognized, Chambers USA: America's Leading Lawyers for Business (2004–2012)
Senior Fellow, Center for Human Resources, The Wharton School, University of Pennsylvania