Former NFL quarterback Tom Brady was known for shouting, “Let’s go!” from the sidelines to rally teammates during critical game moments. Employers may soon hear a similar refrain from the National Labor Relations Board (NLRB), where a newly solidified three-member Republican majority appears poised to move decisions, process, and procedure in a more management-friendly direction.

Background

As The Bargaining Table reported here, the Board has been in flux since President Donald J. Trump returned to office. Although the Trump administration restored a 2-1 Republican majority and installed a seemingly management-friendly general counsel, the Board has honored custom by refraining from overturning controversial Biden-era precedent in the absence of a three-member Republican majority.

The game has changed - let’s go! On Friday, Aug. 7, the U.S. Senate confirmed Trump nominee James Macy to the Board for a five-year term, creating a long-awaited 3–1 Republican majority. The current Board now consists of Chair James Murphy (Republican), Scott Mayer (Republican), James Macy (Republican), and David Prouty (Democrat). Gwen Wilcox, who was a Democratic member, is unlikely to succeed with a legal challenge to her 2025 removal by Trump, based on the Supreme Court’s recent decision in Trump v. Slaughter, No. 25-332 (U.S. Jun. 29, 2026). As a result, one seat on the five-member Board remains vacant and is unlikely to be filled in the near term.

What to Expect

Employers should expect...

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