For nearly a year, the National Labor Relations Board has lacked a quorum of at least three confirmed members, and thus it has been unable to decide cases arising under the National Labor Relations Act, including unfair labor practice disputes and contested union representation cases. That ended on January 7, 2026, when two President Trump nominees – James Murphy and Scott Mayer – were sworn in as NLRB members following their recent Senate confirmation. Members Murphy and Mayer join Member David Prouty, a President Biden appointee who was the sole NLRB member for the past six months. Member Murphy’s term runs through December 2027; Member Mayer’s term runs through December 2029. Although one of new Members will be designated Chairman of the NLRB, no announcement on that designation has yet been made.

Member Murphy joins the Board after a lengthy career, much of which has been with the NLRB, including, most recently, as Chief Counsel to former NLRB Chairman Marvin Kaplan. Member Mayer joins the Board from his most recent position as Chief Labor Counsel for a major aerospace and defense corporation. Although it will take time for ideal test cases to ripen for Board review, the reconstituted, majority Republican-appointed NLRB is likely to review aggressively pro-union, pro-employee decisions issued by the Board under the prior administration, such as Cemex Construction Materials Pacific, LLC, which radically altered the process by which unions could win representation...

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