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Two return to NLRB as GOP majority continues


One Republican and one Democrat returned on Monday as members of the National Labor Relations Board, which will continue to have a Republican majority at least through the end of next year.

Marvin E. Kaplan, a Republican who has served as an NLRB member since August 2017, was confirmed for another five-year term that will expire in August 2025, by the U.S. Senate on July 29, the agency said Monday in a statement.

Democrat Lauren M. McFerran served as an NLRB board member from December 2014 until December 2019. The Senate confirmed her renomination as a board member for a term expiring in December 2024 on July 29, the NLRB said.

With Mr. Kaplan and Ms. McFerrin, as the sole Democrat, back on board this leaves the now four-member board with a Republican majority of at least three members at least through the end of next year.

The NLRB has a full complement of five members, but regardless of the outcome of November’s presidential election, whomever wins could appoint only one board member.

The other Republican members are chairman John F. Ring and William J. Emanuel.

Employer lawyers said an NLRB ruling in July that abusive or inappropriate workplace speech by employees engaged in “protected concerted” or union activity is not protected under the National Labor Relations Act eliminates confusion and harmonizes federal discrimination law.




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