This week, we examine what employers should anticipate as the National Labor Relations Board (NLRB)—which currently has only one active member, a Democrat, and four vacancies—moves closer to regaining a quorum and resuming full operations.
What Restoring a Quorum at the NLRB Could Mean for Employers
For the first time in more than 10 months, the NLRB may soon have three members, reestablishing a quorum and potentially impacting employers significantly.
What Employers Should Know:
- Nominees Pending: Two Republican nominees to the NLRB, as well as the NLRB’s General Counsel nominee, are awaiting U.S. Senate confirmation.
- Backlog: Restoring a quorum would allow the NLRB to address its backlog of cases and resume issuing decisions.
- Majority Requirement: Historically, a three-vote majority has been needed to overturn major precedents, which the NLRB may lack until it includes at least three Republican members.
In this episode of Employment Law This Week®, Epstein Becker Green attorney Corey P. Argust discusses the implications as the NLRB moves toward full operations.
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