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NLRB Down to One Sitting Member

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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. 

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