Late last week, the U.S. Senate confirmed two President Trump nominees to the NLRB, James Murphy and Scott Mayer. Upon their actual commissioning, Murphy will assume the Chair and Mayer’s addition provides the quorum which has been lacking.
Once the quorum is officially established, the Board will be able to issue decisions and begin to set policy on key labor relations issues. This development marks an important shift for labor relations professionals across the country who have been operating in a period of limited agency activity due to board vacancies. The Board plays a central role in interpreting and enforcing the National Labor Relations Act. The Act governs collective bargaining, workplace policies, and employee rights.
Murphy, a career NLRB attorney, has stated that he intends to adhere to the Board’s historical custom of not overturning precedent without at least three members voting to do so. With Democrat David Prouty still serving as the third Board member, and no nomination of a fourth member yet, it’s unlikely that significant deviations from Biden Board decisions will occur any time soon. That custom would not, however, prevent 2-1 decisions narrowing the application of extant law.
The Bottom Line
The imminent, restored quorum sets the stage for a more active NLRB entering 2026. Business owners and HR professionals should monitor Board announcements and take a proactive stance by partnering with labor counsel. Whether you operate in a unionized environment or not, the NLRB’s renewed capacity means changes that will impact workplace policy, disciplinary decisions, union organizing, and communications strategies across the board. For more information on how we can help, please contact our offices.