Leadership changes at the National Labor Relations Board (NLRB) have contributed to a period of uncertainty for employers or management-side labor lawyers. In general, minimal changes and stability at the agency tends to promote predictability and make everyday compliance with the law much easier. During the previous administration, employers saw notable shifts across several key areas of federal labor law. So far, the current administration has not yet taken steps to revisit or adjust recent shifts in labor law, contributing to ongoing uncertainty.
The NLRB has been without a quorum — and therefore unable to issue decisions — for nearly seven months. On January 28, 2025, the current administration removed NLRB board member Gwen Wilcox. At the time of this decision, the Board was already down to three members out of five. Without a quorum, the NLRB cannot review the decisions of administrative law judges hearing cases at the regional level or modify existing legal doctrine.
The absence of a functioning NLRB has left businesses grappling with many labor-friendly decisions that would otherwise be on the chopping block. While two new board members have been nominated — Scott Mayer, chief labor counsel at Boeing, and James Murphy, a career lawyer at the NLRB — new decisions will not be issued until those members are confirmed by the Senate. In the meantime, federal labor law continues to be shaped at the regional level, where judges are bound by current precedent. One recent...
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