Biden Can’t Take Full Control Over NLRB Until Personnel Changes

Joe Biden’s victory creates the possibility for sweeping changes to federal labor law—though not immediately, because Republicans will control the National Labor Relations Board for much of the coming year.

The continuation of the GOP majority on the labor board until at least August 2021 puts its sole Democratic member, Lauren McFerran, in the position of trying to delay its attempts to further tilt federal labor law to management’s benefit. The five-seat panel has one vacancy, for a Democratic seat.

The Biden administration will be able to name McFerran—or a second Democratic member, should a future nominee win Senate confirmation—to ...