The NLRB’s Quorum Clock Is Ticking

The Board is one Senate delay away from losing its ability to decide cases.

Here is the math. The NLRB needs three members for a quorum. Democratic member David Prouty’s term ends August 27. If the Senate does not confirm at least one nominee before then, the Board drops below quorum and effectively stops deciding cases.

President Trump nominated James Macy, a management-side labor attorney, for the open Republican seat, and renominated Prouty. But the Senate HELP Committee indefinitely postponed its markup, and the Senate is out until July 13, then facing a five-week recess starting August 8.

Macy matters for more than quorum. His confirmation would give Republicans a 3-1 working majority, and the votes to revisit Biden-era precedents on bargaining orders, captive-audience meetings, work rules, and expanded remedies. The two current GOP members have honored the norm of not overturning precedent without a third vote.

The National Association of Manufacturers is publicly pushing the Senate to confirm “as expeditiously as possible.”

Basically, a lot of employer-friendly change hinges on Senate calendar math. Will the votes happen before the recess?