On Sept. 25, the U.S. Senate voted 49-44 to confirm the NLRB’s newest member, William Emanuel, who was appointed by President Trump. Emanuel’s nomination was voted out of Committee on the same day as Marvin Kaplan, who was confirmed by the Senate on Aug. 2.  Emanuel, a management labor lawyer with more than 40 years of experience, brings the Board to its full complement of five validly-appointed members for the first time in more than two years. It is also the first time since 2007 that Republicans have held the majority at the NLRB.

However, stability on the NLRB is not yet at hand. The term of NLRB Chairman Philip Miscimarra, also a Republican, expires on Dec. 16. Chairman Miscimarra announced he is not seeking reappointment and President Trump has not yet nominated a replacement.  The current NLRB general counsel, Fred Griffin, a Democrat, has a term that expires on Nov. 3. President Trump has nominated management labor lawyer, Peter Robb, a Republican, to fill his spot. Robb also will need confirmation by the Senate to take his job as general counsel.