Accessibility Tools

Web Accessibility plugin by DJ-Extensions.com
Skip to main content

The Latest      —

NLRB Down to One Sitting Member

Written on .
Tag(s): Unions, NLRB (National Labor Relations Board), Administrative Procedure Act (APA), October 2025 Newsletter, Agency Quorum

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

    Receive newsletters and alerts directly in your email inbox. Sign up below.

    Recent Content

    Employment Law Newsletter: A Monthly Report On Labor Law Issues
    democrat donkey symbol, usa

    What the Democratic Sweep Means

    Alerts
    Legal Alert • Labor & Employment On Tuesday, November 3rd, the tsunami brought Democrats to power not only in both houses…
    Read more
    november webinar promo graphic

    Implications of New DOL Joint Employment and Independent Contractor Proposed Regulations

    Webinars: Employment Law "Hot Topics"
    The Obama Administration changed the long standing Wage Hour Interpretative Bulletin concerning joint employment and independent contractor…
    Read more
    stamp, desk table

    EEOC Brings Discrimination Claim on Behalf of White Male 

    Employment Law Newsletter: A Monthly Report On Labor Law Issues
    In a first for at least the last decade or so, the EEOC has brought a discrimination claim alleging the New York Times promotion practices…
    Read more
    letter

    Use of Cease-And-Desist Letters 

    Employment Law Newsletter: A Monthly Report On Labor Law Issues
    Suppose a former employee following termination makes threatening, harassing, defamatory or otherwise inappropriate statements or violates…
    Read more
    changing leaf

    Third Gop Member Joins NLRB, Indicating Case Law Changes Ahead 

    Employment Law Newsletter: A Monthly Report On Labor Law Issues
    On August 17, James Macy became the third GOP-appointed member of the National Labor Relations Board (NLRB), giving the NLRB three members…
    Read more
    glasses, beach, horizon

    DOL Provides More Clarity on Employee Wellness Programs

    Employment Law Newsletter: A Monthly Report On Labor Law Issues
    On August 26, 2026, the U.S. Department of Labor (DOL) addressed employee wellness programs that permit fees on workers’ health premiums fo…
    Read more

    Additional Legal Resources

    Newsletter

    Explore

    Articles

    Explore

    Audits

    Explore

    Events

    Explore