Republican NLRB majority to arrive earlier than expected

The National Labor Relations Board (NLRB) may quickly pivot to a more business-friendly stance in the new year, following a vote that prevents the continuation of a Democratic Board majority for the next two years.

By a narrow 49-50 vote, the Senate failed to advance the reconfirmation of NLRB chair Lauren McFerran to a second five-year term, opening the way for President Trump to appoint two new Republican board members and designate a new NLRB chairman. A vote to confirm McFerran would have kept a Democratic majority on the five-member NLRB until August 2026.

The vote was heralded by pro-business organizations. “McFerran’s tenure was characterized by contentious decisions and legal challenges that have drained agency resources and overturned established legal precedents,” said Glenn Spencer, Senior Vice President for Employment Policy for the US Chamber of Commerce. “The NLRB should be focused on promoting fairness, not tipping the scale in favor of a select few in organized labor at the expense of workers and businesses alike.”

However, the vote was harshly criticized by unions. In a statement, AFL-CIO president Liz Schuler said, “Make no mistake: This vote had nothing to do with stopping Chair McFerran’s renomination and everything to do with reversing generations of progress workers have made toward building a fairer and more just economy.”

Trump also is widely expected to fire NLRB General Counsel Jennifer Abruzzo and appoint a replacement to the position, following the precedent set by President Biden when he took office in 2021. Abruzzo has been instrumental in establishing NLRB policies and rulings favoring unions.

With both a Republican majority and General Counsel, the NLRB is expected to quickly move to reverse many of the current Board’s rulings that make it easier for unions to win representation elections and that restrict employers’ ability to communicate their positions opposing unionization.

The Senate’s vote against confirming Lauren McFerran for another term on the NLRB is a pivotal moment for employers, according to attorney Eric Meyer, founding partner at Pierson Ferdinand LLP.

“With a Republican majority expected on the board, businesses should anticipate regulatory changes, particularly a rollback of pro-union rulings like the joint employer rule. This shift offers a strategic opportunity for employers to review and adjust their labor relations strategies in a more favorable regulatory environment,” said Meyer. “Staying informed and proactive will be crucial for human resources and employment lawyers to navigate these changes effectively and capitalize on the evolving labor landscape.”