NLRB Quorum Restored, General Counsel Appointed

The National Labor Relations Board (NLRB) has regained its ability to function after nearly a year of inactivity. Since January 2025, the Board has lacked the three-member quorum necessary to act, leaving critical labor disputes unresolved.

On December 18, the U.S. Senate confirmed two new Board members – James Murphy and Scott Mayer, both Republicans – and Crystal Carey as General Counsel. These appointments restore the statutory quorum required for the Board to issue decisions and enforce the National Labor Relations Act (NLRA). They join the sole Democrat member, David Prouty, who was appointed by President Biden. Murphy is a former NLRB attorney and has been tapped by President Trump to be Board chair.

With the confirmations, employers should anticipate that the Republican-majority Board will seek to revise or overturn several Biden-era decisions, including:

• Stericycle: Established a stringent standard for evaluating employer handbook policies.
• Cemex: Allowed unions to gain recognition without an election under certain conditions.
• Thryv: Permitted enhanced remedies for all direct or foreseeable financial harms resulting from unfair labor practices.
• Amazon.com Services LLC: Banned the use by employers of “captive audience” meetings.

These rulings expanded employee and union rights. The new Board is expected to move toward interpretations that provide greater flexibility for employers in managing workplace policies and union recognition procedures.

Two vacancies remain on the board, including one for the seat of Gwynne Wilcox, who was fired by President Trump in January, causing the loss of a quorum. Wilcox challenged her termination, but the United States Circuit Court of Appeals for the District of Columbia Circuit upheld the president’s authority to remove Board members. Earlier, the Supreme Court signaled in a preliminary order that the termination was proper.

Employers should remain vigilant, review existing policies and practices and consult legal counsel to ensure compliance as the Board begins to issue decisions and set its agenda for 2026.