Jackson Lewis Principal and Former NLRB Chairman Marvin Kaplan Testifies Before U.S. Senate on Labor Law Reform

Highlights Importance of Maintaining Balance in Collective Bargaining Framework
Regulations Need Fine-Tuning, Not Major Overhaul

NEW YORK, NY (October 9, 2025) – The former chairman of the National Labor Relations Board (NLRB), now a principal at nationwide employment law firm Jackson Lewis P.C., advised senators that America’s system of collective bargaining oversight is on the right track.

Principal Marvin Kaplan testified before the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) on October 8, offering insight into proposed legislation impacting employers nationwide. Drawing on his experience, Marvin addressed key issues surrounding collective bargaining and workplace policy.

“The system works, in my opinion,” Marvin told HELP Committee members, who are considering changes to the NLRA and the NLRB. “Good faith bargaining takes time, and in approximately 70% of cases an agreement is reached within three years. There are egregious examples of bad faith bargaining—I know because I was on the Board when they came before us—but the NLRB has effectively dealt with these situations.”

During his testimony, Marvin highlighted the importance of maintaining balance in the collective bargaining framework. He emphasized that the current system under the National Labor Relations Act (NLRA) is effective and balanced, cautioning against major legislative changes that could disrupt this equilibrium. While acknowledging that first contract negotiations can take time, Marvin noted this reflects the complexity of issues and the need for good faith negotiations, not a failure of the system. He further underscored that the NLRB’s role is to ensure good-faith bargaining, not dictate contract terms and that remedies for bad faith already exist within the law. Marvin’s insights before the Senate reflect the same practical, solutions-oriented approach Jackson Lewis brings to advising employers navigating complex labor relations challenges.

“The NLRB establishes standards and imposes remedies to ensure employees, through their chosen representative, and employers bargain in good faith,” Marvin said. “This framework leaves the terms of the collective bargaining agreement in the hands of those with the best knowledge of employees’ needs and the economic condition of the employer, while respecting the Section 7 rights of employees.”

Based in the firm’s New York City office, Marvin is a member of the Labor Relations group, where he advises employers on union organizing, collective bargaining and labor-management relations. Over his eight years on the NLRB, he participated in more than 900 decisions, including those addressing the lawfulness of captive audience speeches and work rules, the composition of bargaining units, independent contractor standards and several rulemakings defining joint-employer relationships and election procedures.

Prior to his NLRB tenure, Marvin served as chief counsel at the Occupational Safety and Health Review Commission and as a special assistant at the U.S. Department of Labor. He also held positions in the U.S. House of Representatives, including as counsel to the Committee on Oversight and Government Reform and policy counsel to the Committee on Education and the Workforce.

“We congratulate Marvin on being invited to share his expertise before the Senate,” said Laura A. Pierson-Scheinberg and Richard F. Vitarelli, co-leaders of Jackson Lewis’ Labor Relations group. “His deep understanding of the NLRB and decades of experience in labor relations reflect the insight and practical guidance our group provides to employers every day. Marvin’s testimony underscores Jackson Lewis’ commitment to helping organizations navigate complex labor challenges with clarity, balance and compliance.”

Marvin’s extensive government and legislative experience provides him with a unique perspective on congressional oversight, rulemaking and enforcement enabling him to help clients navigate complex compliance challenges and anticipate regulatory developments that may affect their organizations.

Marvin earned his J.D. from Washington University School of Law in St. Louis and his B.S. from Cornell University.

Learn more about how Jackson Lewis helps employers navigate labor relations and collective bargaining issues here.

Watch the full committee hearing here.
 
About Jackson Lewis    
Focused on employment and labor law since 1958, Jackson Lewis P.C.’s 1,000+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged and stable, and share our clients’ goals to emphasize belonging and respect for the contributions of every employee.   

Additional information about the firm can be found at jacksonlewis.com.  

For more information, please contact:                
Kendall Melidosian, Public Relations Manager                
T: (267) 319-7831 / E: Kendall.Melidosian@jacksonlewis.com

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