NLRB Changes On The Horizon

Fortunately for employers, the political make-up of the National Labor Relations Board (NLRB) will quickly flip with the new administration. By a 49-50 vote, the Senate has failed to renew the term of current NLRB Chair, Lauren McFerran, whose term expired on December 16, 2024. Had McFerran been confirmed, a Democratic majority on the NLRB would have continued until at least 2026.

Instead, only two Democratic appointees now remain on the NLRB: Board Member and now-Chair Gwynne Wilcox will serve through at least August 27, 2028, and Board Member David Prouty will serve at least through August 27, 2025. The incoming Republican administration has two vacant seats to fill, new members who will join current Board Member Marvin Kaplan, previously appointed by President Trump. 

Additionally, it is expected that President-Elect Trump will immediately dismiss the NLRB’s General Counsel, Jennifer Abruzzo, whose progressive agenda has plagued employers for several years. (You may remember that President Biden fired NLRB General Counsel Peter Robb, an action that was unsuccessfully challenged in court.)

Thus, the changes employers have come to expect at the NLRB when a new administration takes over the White House will likely occur at a faster than usual rate. Given the extremely progressive rulings of the Biden Board (e.g., Stericycle and Cemex), this is certainly welcome news. As always, we will keep you posted on developments. 

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.