NLRB Down to One Sitting Member
For just the second time in the National Labor Relations Board’s 90-year history, it is down to one sitting member after Board Chair Marvin Kaplan’s term expired recently. The Board currently only has a single Democratic NLRB member, David Prouty, appointed by President Biden, and four empty seats.
The NLRB has only issued six rulings since President Trump’s inauguration. The President has nominated persons to fill two open Republican Board seats, but they first must win confirmation in the Senate. There is also a long-standing NLRB tradition not to change precedent without the vote of at least three members. This means that even routine decisions are being held up. The Board is currently operating with an Acting General Counsel, William Cowen, a former Republican Board Member.
This article is part of our October 2025 Newsletter.
View the newsletter online
Download the newsletter as a PDF
Related Content
Get Email Updates

FCRA Litigation Challenges Employers’ Use of AI Hiring Platforms

The Dangers of Employers Using AI Research Tools as to Discovery Requests from Plaintiffs

Two Subsequent Cases Protect Defendant’s Use of AI as Subject to Work-product Protection

Is There Anything an Employer Can Do to Avoid Waiving Privileges in Using AI Research Tools?

Suggestions on Use of AI



