Hunton Employment & Labor Perspectives

Earlier this month, two of President Donald Trump‘s key National Labor Relations Board (NLRB) nominees inched closer to office. A majority of the U.S. Senate Committee on Health, Education, Labor, and Pensions (HELP) voted in favor of NLRB Board Member nominee, James Murphy, and NLRB General Counsel nominee, Crystal Carey. The HELP Committee has now set the stage for a full Senate vote on these nominations. It is anticipated that both Carey and Murphy will be confirmed by the full Senate.

Despite Murphy’s and Carey’s advancements, the Senate HELP Committee has not yet voted on another of Trump’s NLRB Board Member nominees, Scott Mayer. As the NLRB currently has just one Board Member (David Prouty), the addition of Murphy would still leave the NLRB one Board Member shy of a quorum.

The NLRB General Counsel position is not similarly tethered. As NLRB General Counsel, Carey—like the many NLRB regional office employees that fall under the NLRB General Counsel’s supervision—can take action as soon as she takes office, irrespective of whether the NLRB has a quorum. The NLRB General Counsel has significant influence at the agency, as the office is responsible for prosecuting unfair labor practice cases, including advancing legal arguments and theories that can lead to changes in NLRB law. The NLRB General Counsel also exercises supervisory authority over the agency’s regional offices, which continue to hold union elections and investigate unfair labor practice charges regardless of whether the NLRB has a quorum.

We will continue to keep you informed of NLRB developments.