Brian E. Hayes


Brian Hayes is a Shareholder in the Washington, DC office of Ogletree Deakins and serves as Co-Chair of the law firm’s Traditional Labor Practice Group. Immediately prior to his joining the firm he was a Member of the National Labor Relations Board.  He was confirmed to that post by the United States Senate in 2010 and his term ended in December of 2012. Prior to his nomination and confirmation to the NLRB he served as the Republican Labor Policy Director for the United States Senate Committee on Health, Education, Labor and Pensions.  He came to Capitol Hill in 2005 after nearly thirty years in private legal practice devoted exclusively to representing management clients in labor and employment matters.  While in private practice he represented clients in scores of cases before NLRB, state and federal courts, and a host of other federal agencies such as the EEOC, OFCCP, OSHA, the Department of Labor and their state counterparts. He also has had extensive private practice experience representing employers in collective-bargaining negotiations, arbitrations and other forms of dispute resolution. In addition to his private practice, he served as Counsel to the Employers’ Association of the Northeast, editor-in-chief and contributor to The Health Care Labor Manual, and also served on the adjunct faculty of Western New England Law School teaching courses in labor law, and collective-bargaining, arbitration and employment litigation.  Before entering private practice he began his legal career at the NLRB working as a law clerk to the Chief Administrative Law Judge while in law school and subsequently as counsel to the then-Board Chairman. He is a graduate of Boston College and of Georgetown University Law School.

Education and Honors


J.D., Georgetown University Law Center, 1974
B.A., magna cum laude, Boston College, 1971

In The News

Media Quotes:
  • January 30, 2015 - - "Bill Would Add Sixth Member to NLRB"
  • December 22, 2014 - The Hill - "NLRB: Faculty at religious universities have right to unionize"
  • December 15, 2014 - The Hill - "Labor Board Gives Unions New Leverage to Organize Workers"
  • December 12, 2014 - Employment Law Daily - "NLRB News: 3-2 Board Issues Final 'Quickie Election' Rule on Representation-Case Procedures"
  • December 12, 2014 - Law360 - "NLRB Finalizes Rule to Streamline Union Election Process"
  • August 29, 2014 - - "Battle-Tested Big Labor Has Some Cause for Optimism"
  • August 29, 2014 - Corporate Counsel - "NLRB Joint Employer Standard: Not Just for Franchises"
  • August 13, 2014 - BNA Occupational Safety & Health Reporter - "Surge of OSHA Complaints Could Follow New NLRB Policy to Inform Workers of Rights"
  • June 27, 2014 - Corporate Counsel - "NLRB Decision Sends Labor Law Back to an Uncertain Future"
  • June 26, 2014 - Inside Counsel - "Supreme Court decision invalidates NLRB recess appointments"
  • June 26, 2014 - JD Supra - "The Impact of NLRB v. Canning - Q&A With Former NLRB Member Brian Hayes"
  • June 26, 2014 - - "High Court Rules NLRB Appointments Unconstitutional"
  • June 26, 2014 - Law360 - "Lawyers Weigh In On High Court's Recess Appointment Ruling"
  • June 26, 2014 - Law360 - "Recess Appointment Ruling May Hinder NLRB Agenda"
  • June 26, 2014 - Employment Law Daily - "U.S. President Obama’s recess appointments to NLRB declared unconstitutional"
Published Works: