The U.S. Senate has confirmed President Trump’s nominations of Republican Marvin Kaplan and Democrat Lauren McFerran to fill two of the three vacancies on the National Labor Relations Board (NLRB). Mr. Kaplan has been a Member of the NLRB since August 10, 2017, and his new term will last through August 2025. Ms. McFerran was a Member of the NLRB from 2014-2019, and will now serve another term expiring on December 16, 2024. Absent an unexpected resignation, their confirmations ensure that the NLRB will continue to operate with a Republican majority through the end of August next year.
As we have reported previously, the Republican-majority NLRB has issued several significant decisions over the last two years that have restored some balance to federal labor law and allowed employers to begin consistently enforcing policies designed to encourage civility and prohibit discrimination and harassment in the workplace. As the lone Democrat on the Board, Ms. McFerran will most likely serve as a key dissent in many of the Board’s upcoming decisions over the next year.
Members of the Center for Workplace Compliance (CWC) can read more here.