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Viewpoint: The Importance of Dissent at the NLRB, Society for Human Resource Management

May 26, 2016

Sitting as the lone dissenter on the National Labor Relations Board (NLRB) might seem like a futile exercise. Grinding away on opinions that are critiques of the law as stated by your colleagues can be disenchanting work. But as a former NLRB member, I can attest that dissents are also valuable tools for future board members and the courts. Indeed, one of my proudest moments as a lawyer came when a court of appeals reversed the board “for the reasons stated by Member Meisburg.”

This story provides a look at how Philip Miscimarra’s dissents have focused on the NLRB’s ongoing failure to recognize the legitimate business basis for employer rules.

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