On Wednesday, May 26, 2021, President Biden nominated Gwynne Wilcox to fill the last remaining vacancy on the National Labor Relations Board (“Board”).  If confirmed by the Senate, Wilcox would be the second Democrat on the Board, joining Board Chair Lauren McFerran (who had been a member of the Board since 2014, and was appointed chair on January 20, 2021).  Wilcox is a senior partner at the Union-side labor and employment firm of Levy Ratner PC and serves as associate general counsel for the largest Local of the Service Employees International Union (“SEIU”).  Wilcox is the first African-American woman ever appointed to the Board.

It is unclear how long the confirmation process will take.  Even if Wilcox is confirmed by the Senate, the Board will continue to have a majority of Republican members until William Emanuel’s term expires in August 2021.  President Biden is then expected to nominate another Democratic candidate to fill Member Emanuel’s vacancy, and if the nominee is confirmed, the Board will tilt to a 3-2 majority of Democrats.  As we have discussed previously, once that occurs, the Board is expected to reverse a number of decisions issued during the Trump Administration.

We will continue to follow Wilcox’s nomination and potential confirmation.  Stay tuned!

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