An Interview With Wilma Liebman: Liebman Knows Labor Law - the Future of the National Labor Relations Board

• Publication year: 2017

An Interview with Wilma Liebman: Liebman Knows Labor Law - The Future of the National Labor Relations Board

Samuel Feldman

SPECIAL PRESIDENTIAL INAUGURATION ISSUE 2017: AN INTERVIEW WITH WILMA LIEBMAN

LIEBMAN KNOWS LABOR LAW: THE FUTURE OF THE NATIONAL LABOR RELATIONS BOARD

Introduction

Wilma Liebman, originally from Philadelphia, earned her J.D. (with honors) from the George Washington University Law School. From 1974 to 1980, she served as a staff attorney for the NLRB before transitioning to the role of legal counsel for two international labor organizations, the Teamsters, one of America's largest labor unions, and the Bricklayers and Allied Craftsmen. After gaining a decade of experience in that capacity, Ms. Liebman joined the Federal Mediation and Conciliation Service and became its Deputy Director. Then, in 1997, President Clinton appointed Ms. Liebman to the NLRB, where she served three terms. She was twice reappointed by President Bush and served during those years in the minority, writing many dissenting opinions. During her final term, President obama designated Ms. Liebman as the Chair of the NLRB, on January 20, 2009, and she served as Chair until August 27, 2011, when her third term expired. Since completing her tenure at the NLRB, Ms. Liebman has entered academia, lecturing at the law schools and/or labor relations schools of George Washington University, University of Illinois, Cornell University, New York University, and Rutgers University. She joins us, kindly.

I. Interview

Samuel Feldman¹ : Historically, what degree of impact have presidential elections had on the NLRB?

Ms. Liebman: The Board is known for flip flopping precedent (or more formally, "policy oscillation") after a new President is elected and makes appointments. That does happen, of course, but it has generally affected a relatively limited number of issues. The majority of cases are decided under long-established and stable doctrine. Nonetheless, a new President's appointees will very likely bring different perspectives on decision making.

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Feldman: Now specifically, how do you anticipate the 2016 election results will affect the Board?

Liebman: To understand the full effect of the election results, we should consider what would have happened if the outcome had been different. With a Clinton presidency, we could have expected to see a continuing development of the Obama Board's approach to the law: rigorous enforcement of workers' rights and a commitment to...