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Senate Confirms Ring to NLRB, Restoring 3-2 Republican Majority


The U.S. Senate voted 50-48 along party lines on Wednesday to confirm President Trump’s Republican NLRB nominee, John Ring, restoring the Board to a full complement of five members. This once again gives Republicans a 3-2 majority on the Board, which has operated with a 2-2 Republican-Democrat deadlock since December 16, when Republican Chairman Philip Miscimarra’s term expired.


Just prior to Miscimarra’s departure in December, the Board issued a flurry of decisions overturning a number of Obama-era precedents:


Since then, the 2-2 deadlock has stalled the expected rollback of decisions from the past decade that Republicans often viewed as overreaching by the Board. Now with a full complement of members and a Republican majority, many expect that a number of Obama-era decisions are once again in the crosshairs, most notably the 2014 Purple Communications decision, which requires employers to allow employees to use their email systems for union organizing activity, save in limited circumstances.


Stay tuned for further updates.

Anthony Glenn

Anthony K. Glenn is an associate in Barnes & Thornburg’s Indianapolis office and is a member of the Labor and Employment Law Department. Mr. Glenn has experience counseling clients on a number of issues concerning both traditional labor and employment law, such as termination decisions, medical leave management, disability accommodation, workplace discrimination, and wage and hour issues, as well as union avoidance and management of a collective bargaining relationship. He also has experience with the litigation process in federal and state employment agencies and courts.

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