NLRB still struggling for stability, relevance

As President Trump’s nominees for the National Labor Relations Board (NLRB) and General Counsel (GC) remain unconfirmed, the prospect of a one-person Board looms, and the NLRB continues to lose relevance. The hopes for speedy reversals of the most disputed rulings of the Biden-Abruzzo Board after Trump’s victory have long faded. Along with other administration steps, the “pro-worker” agenda espoused by Vice President JD Vance, Senator Josh Hawley (R-MO), and Labor Secretary Lori Chavez-DeRemer seems increasingly at odds with the president’s views.

Nominees still in the wings

The prompt confirmations of Scott Mayer and James Murphy would have brought the Board back to a functioning quorum. However, the Senate recessed before acting on their nominations. With numerous rescissions planned and the budget battles looming when Congress returns, Scott and Murphy may not be confirmed until late in the session, if at all. Because Chair Marvin Kaplan plans to leave when his term ends in August, the Board will be reduced to one member, David Prouty.

The confirmation of new Board members—often a pro forma exercise, with bipartisan “packages” prearranged before voting—is now another venue for political drama. President Trump’s firing of Member Gwynne Wilcox raises the prospect of a vassal-like Board, with members taking direction from political leadership under threat of termination. The nominees are certain to face probing questions from skeptical Senators, which may attenuate the confirmation process.