The Trump Administration is being asked not to give Member Mark Gaston Pearce, one of two remaining Democrats on the National Labor Relations Board, another term after his current term, his second, expires on August 27, Bloomberg BNA has reported.
Industry groups reportedly have asked the President to delay re-nominating Member Pearce to a third term, a process the Trump Administration had begun. That process has apparently “been put on hold.” Pearce was sworn in as a Board Member on April 7, 2010.
Trump has re-shaped the NLRB by nominating Republican Members to fill Board vacancies. Last fall, the U.S. Senate confirmed Marvin Kaplan and William Emanuel, which, along with then-Chairman Philip Miscimarra, a Republican, gave the Board a Republican majority for the first time in more than a decade. In December 2017, that Board issued a series of business-friendly decisions that overruled high-profile decisions championed by labor organizations and the Obama Administration. More recently, management-side labor attorney and Republican John Ring was confirmed as a Board Member to replace Miscimarra, whose term ended after the decisions were issued.
Traditionally, the NLRB is made up of three members of the sitting president’s political party and two members of the minority party. That means that the seat Pearce vacates would be filled by a Democrat appointed by Trump. However, Trump also has the option not to fill the vacant seat. The Board could operate with four of the five seats filled – only three Members are needed for a quorum. Although having an even number of Board members could increase the possibility of 2-2 votes, given that three of the four Members would be like-thinking Republicans, that possibility should be minimal.
With or without Member Pearce, or any replacement, Trump’s Republican-controlled NLRB is expected to continue undoing decisions that heavily favored labor organizations.
Jackson Lewis attorneys are available to discuss the most recent developments at the NLRB and how they impact your specific organization.