Two Labor Department Insiders in Mix for Chief of Staff Role

Two Labor Department aides are considered the leading candidates to replace departing Chief of Staff Nicholas Geale as the secretary’s top adviser, a source close to the secretary told Bloomberg Law.

DOL Deputy Chief of Staff Molly Conway and Alison Kilmartin, the chief of staff at the department’s policy office, are the two favorites for the influential post, said the source, speaking on condition of anonymity to discuss internal deliberations. Other sources familiar with the situation also identified Conway and Kilmartin as the top contenders for the promotion, along with acting assistant secretary for policy Jonathan Berry.

Conway is a former GOP congressional staffer with more senior experience at the department, while former big law attorney Kilmartin has rapidly risen in prominence since joining the agency last August. But the prospects of either aides landing the promotion may hinge on whether Secretary Acosta has final say in the matter. Acosta’s ultimate control over the hire is uncertain after a White House probe into Geale’s behavior precipitated the May 14 announcement that the secretary’s influential adviser would resign at the end of this month.

The chief of staff is an undefined role that doesn’t require Senate confirmation, but can come with sway over agency operations that varies by administration. Under Acosta’s leadership, Geale assumed outsize power as the face of the secretary’s office in dealing with the White House, Congress, DOL staff, and outside stakeholders.

That puts his successor in a potentially pivotal spot, responsible for ensuring the swift, legally defensible completion of wage, safety, and union oversight policies that are largely coveted by businesses. The DOL is pushing to finalize a number of key policy initiatives before the end of President Donald Trump’s first term, while facing potential legal challenges and close oversight from House Democrats.

The White House investigation was driven by allegations that Geale mistreated staff and misled White House personnel about progress on DOL policies and regulations. The perception among some administration officials that Geale was stalling DOL actions—embodying Acosta’s cautious, legally-minded style—has lead business lobbyists to expect the White House to exert more influence over the selection of Geale’s replacement. The chief of staff traditionally works as a Cabinet member’s gatekeeper and is arguably the most personal relationship a secretary maintains in office.

The White House did not provide a comment when asked who has the final say on the appointment. The source close to Acosta pointed out that any chief of staff would need to be vetted by the White House personnel office, but did not address whether the clash with Geale meant Acosta would lose control of the decision. An acting chief of staff could be installed by Acosta in the interim without White House interference.

Kilmartin Has Secretary’s Ear

Although Kilmartin is a relatively unknown name in Washington circles and technically doesn’t report directly to the secretary, she’s been spotted shadowing Acosta in recent weeks and has already earned his trust, according to sources with knowledge of the matter.

Kilmartin was by Acosta’s side on Capitol Hill when he testified at two Congressional hearings in April. At a DOL Tech Day ceremony May 16, she sat beside the secretary during guest speaker remarks, before flanking Acosta when an aide escorted them away from the public event.

Kilmartin’s current DOL role as chief of staff to the acting assistant secretary for policy means she formally works in a department subdivision. She reports to Berry, who is also said to be an influential voice inside the Frances Perkins Building. If Berry were to get tapped for chief of staff he’d likely be wearing two hats, retaining control of the policy shop.

Kilmartin was previously a senior associate at corporate law firm Orrick, Herrington, & Sutclifffe in Wheeling, W. Va., according to her LinkedIn profile. That followed six years as an associate at Jones Day in Pittsburgh.

Conway’s experience handling multiple roles at the agency means she is the probably the leading choice at the moment, the source close to Acosta said. Conway has been at the department since the beginning of the Trump administration and earlier this year became the acting head of the DOL’s Employment and Training Administration while retaining her gig as deputy chief of staff.

Conway is also considered a close Geale ally, which may count against her with a White House looking to ensure a change of pace.