NLRB to face complete overhaul

Because the National Labor Relations Board (NLRB) was the most aggressively pro-union and most precedent-breaking agency of the Biden administration, it will almost certainly be the one most altered by the Trump administration. Traditionally the most politically affected of the agencies, the Board’s  rulings have followed the changes in administration in a  predictable manner.

Leadership reversed at once, cases reversed over time

As a result of the Democratic Senate being unable to  secure the renomination of NLRB Chair Lauren McFerran, President Trump will have the immediate opportunity to remake the political direction the Board. He will be able to appoint a new chair (probably current member Marvin Kaplan, who was appointed during the first Trump administration) and two new Republican members, creating a conservative majority.

When Biden-appointed Board member David Prouty’s term expires in August 2026, President Trump will likely follow President Biden’s example and leave the seat vacant, thus, assuring that every three-person Board panel will have a Republican majority. These majorities will end the torrent of pro-union rulings going forward and reverse as many of the 20+ precedents created by the prior Board as possible.