1. Former President Donald Trump’s Election Day victory leaves the National Labor Relations Board’s status uncertain, but a new general counsel appointment is likely. Currently, the Board has a 2-1 Democratic majority. President Joe Biden has made two Board member nominations (one Republican and one Democrat), but they have not yet been confirmed by the U.S. Senate. If the current Senate confirms President Biden’s nominations, the Board would have a Democratic majority through Aug. 27, 2026. It is unclear if there are enough votes to confirm the nominations. If the Senate does not confirm President Biden’s nominations before the new Senate is seated on Jan. 3, 2025, President-Elect Trump likely will nominate two Republicans to the vacant Board member seats during his term. He will almost certainly discharge current General Counsel Jennifer Abruzzo (D) on Inauguration Day and appoint a new general counsel (GC). It is also unclear whether President-Elect Trump would attempt to fire the Democratic Board members. The constitutionality of their removal protections is under review. Nonetheless, a future Board with a Republican majority is expected to revisit recent pro-labor rules and decisions, including those covering (1) bargaining orders; (2) unionizing without an election; (3) bargaining unit definitions; (4) unfair labor practice remedies; (5) non-compete and confidentiality/non-disparagement provisions; and (6) work rules and employee handbook policies. A Republican GC...

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