On August 2, 2017, just prior to the August recess, the U.S. Senate confirmed the nomination of Marvin Kaplan by a vote of 50 to 48 to be a Member of the National Labor Relations Board. The Senate, however, did not vote on a second Trump nominee to the Board, William Emanuel. The vote on the second nominee is expected in September. With Kaplan’s confirmation, the five member Board now consists of two Republicans, two Democrats and one vacancy. Thus, it is unlikely that there will be any more ground-breaking new precedent in favor of unions for some time to come. It has been nine years since the Republicans had a majority of Board Members.
The term of the Democrat General Counsel to the Board expires in early November of this year. He will be replaced by a Republican yet to be named.