Republicans Raise Concerns Over Near Year-Long Vacancy at NLRB

The National Labor Relations Board’s empty Republican seat is attracting the scrutiny of some Congressional lawmakers, who say the vacancy has left the five-member panel unfairly imbalanced in Democrats’ favor.

The NLRB has operated with only a single Republican since John F. Ring left the board in December 2022. President Joe Biden has yet to name a replacement, and in the meantime the Senate confirmed Gwynne A. Wilcox to a second term in September, upholding a three-Democrat board majority.

Lawmakers and witnesses said during a hearing at the Committee on Education and the Workforce Wednesday that the longstanding absence of a second Republican member has created issues at the board.

“When a Democrat vacancy occurred earlier this year the president moved expeditiously and the Senate moved also expeditiously and that Democrat seat was filled in 14 days. So we have a contrast of a year vacancy and 14 days,” Roger King, senior labor and employment counsel at the HR Policy Association, said during the hearing on labor law issues.

“That has adverse consequences on policy decision-making at the board,” King said, noting that the Democrat members have a much larger staff, putting undue pressure on the lone Republican, and leaving the board without a greater diversity of opinions. When Ring left the board, around 12 attorneys in his staff moved to the Democratic majority, King said.

The labor board acts as a quasi-judicial body deciding cases that set precedents for labor law interpretation. Board members also propose and issue regulations related to the National Labor Relations Act.

The Republican vacancy was a somewhat contentious issue during the Wilcox confirmation.

Sen. Lisa Murkowski (R-Alaska.) said at the time that Majority Leader Chuck Schumer (D-N.Y.) had assured her he would put a Republican NLRB nominee on the floor as well. That promise was conditional for her crucial vote in confirming Wilcox, Murkowski said.

Rep. Bob Good (R-Va.), who chaired the hearing Wednesday, said he welcomed a suggestion by King to change the law to allow board members to keep serving until a replacement is confirmed by the Senate, or at least nominated by the president. The longstanding absence of a second NLRB Republican is only another symptom of an “anti-business” labor board, Good said.

“Judging by recent events, President Biden is making good on his promise to be the most pro-union President leading the most pro-union administration in American history,” he said.