With the August 27, 2021 expiration of the term of former National Labor Relations Board member William Emmanuel, the NLRB now has a democratic majority again for the first time since 2017. The composition of the Board is driven by the party that occupies the White House at any given time in that Board members are appointed for 5-year terms by the President subject to Senate confirmation and those terms are staggered with one expiring each year. Republican member William Emmanuel appointed by former President Trump, was replaced August 28th by democrat David Prouty, appointed by President Joe Biden. Prouty was sworn into the position by Chairwoman Lauren McFerran immediately following the expiration of Emmanuel’s term. Under the current democratic leadership, it is anticipated that the NLRB will soon render decisions changing the standard for employee classifications, enhancing employment protections for activist employees and punishing business efforts that oppose or obstruct unionizing the employees.
