Senate Confirms Two Appointees to Labor Relations Board

On Wednesday, July 29, the Senate confirmed two nominees to the National Labor Relations Board (NLRB), Republican Marvin Kaplan and Democrat Lauren McFerran. The confirmation of Kaplan, who is currently a Republican member of the Board, ensures that the Board will continue to have a quorum when his current term expires on August 10. Kaplan was confirmed to another five-year term. McFerran, who served previously on the Board under President Obama, was nominated by President Trump and confirmed alongside Kaplan as part of a package deal with Senate Democrats. It is not uncommon for Republican and Democratic nominees to be confirmed as part of a package in this way, ensuring that each party gains a seat on the Board. McFerran is the only Democrat on the Board.

With the confirmations of Kaplan and McFerran, the NLRB is all but guaranteed to retain its Republican majority into 2022. The other two members of the NLRB, William Emanuel and Chairman John Ring, were both nominated by President Trump in 2017 and 2018, respectively, and make up the balance of the Board. 

A continued Republican, pro-business majority on the NLRB will help prevent the industry and the business community from being beset by policies like the joint employer standard, micro unions, ambush elections and other anti-business policies that kill jobs depress economic activity. Earlier this year, NRMCA engaged with the Coalition for a Democratic Workplace to oppose the far-left PRO Act, conducting meetings with Members of Congress and activating NRMCA’s grassroots network. The legislation passed the Democrat-controlled House of Representatives but will not be considered by the Republican Senate. Both the NLRB nominations and the PRO Act underscore the importance of maintaining a pro-business majority in the Senate in November.

For more information, contact Andrew Tyrrell at atyrrell@nrmca.org.