On Wednesday, the Senate did not confirm the re-appointment of current National Labor Relations Board (NLRB) Chairman Lauren McFerran, a Democrat, whose term will expire December 16. President Biden’s nomination and attempted re-appointment of Chairman McFerran failed on a procedural vote when a vote to end debate and consider the nomination failed. Following this vote against ending debate, which resulted in the failure of McFerran’s nomination, a scheduled vote on another of Biden’s NLRB nominations, a Republican nominee, was withdrawn.

As a result, the NLRB will have two open seats when President-elect Trump takes office, allowing Trump to nominate two persons to the NLRB, both of whom can be and (most likely) will be Republicans. Upon confirmation of those nominees, the NLRB will shift to a Republican majority. It is likely that upon the Republicans becoming the majority, the NLRB will begin reversing various pro-union decisions the Biden NLRB handed down during the last four years, especially in those decisions in which the Republican members issued lengthy and robust dissents.

It is not clear at this time whom President-elect Trump will appoint or what cases the new NLRB will focus on in the short term, but a flurry of action is expected, nonetheless.

If you have any questions about how the upcoming changes to the NLRB’s composition and priorities may impact your business, please contact the authors.

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Photo of Tim K. Garrett Tim K. Garrett

Tim Garrett helps employers solve complex issues related to all aspects of labor and employment law, providing in depth counseling and developing creative solutions to underlying business issues. He is an experienced trial lawyer, defending employers of all sizes in employment litigation claims…

Tim Garrett helps employers solve complex issues related to all aspects of labor and employment law, providing in depth counseling and developing creative solutions to underlying business issues. He is an experienced trial lawyer, defending employers of all sizes in employment litigation claims across the country. His work has ranged from defending a major university during a significant wage and hour collective action involving thousands of employees to the successful defense of a major healthcare provider in a gender discrimination / retaliation case. In addition, Tim has served as nationwide labor and employment counsel for the largest nonprofit dialysis company in the U.S.

Photo of Hunter K. Yoches Hunter K. Yoches

Hunter Yoches represents management in all aspects of labor and employment law and related litigation.  He regularly defends employers against various claims and counsels clients on a wide range of day-to-day employment matters. Hunter has experience litigating cases and counseling clients regarding federal…

Hunter Yoches represents management in all aspects of labor and employment law and related litigation.  He regularly defends employers against various claims and counsels clients on a wide range of day-to-day employment matters. Hunter has experience litigating cases and counseling clients regarding federal and state employment laws, including collective and class action litigation, contract disputes, and compliance issues. He advises clients related to wage and hour laws (such as the Fair Labor Standards Act), discrimination laws (such as the Americans with Disabilities Act, Age Discrimination in Employment Act, Family and Medical Leave Act, Title VII of the Civil Rights Act, and others), unfair labor practices (such as the National Labor Relations Act), and more, helping employers remain compliant with the constantly changing laws and regulations that impact the workplace.