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Monday, October 26, 2026

NLRB Republican Majority and Ralphs Grocery: Arbitration Confidentiality for Employers - The National Law Review

NLRB Composition Shifts With Macy’s Arrival

On August 17, 2026, James R. Macy was sworn in as the newest member of the National Labor Relations Board (NLRB) after Senate confirmation on August 7. With Chairman James R. Murphy and Member Scott A. Mayer, Macy gives Republicans a 3–1 majority among the four sitting members; David M. Prouty is the fourth member, and one of the Board’s five seats remains vacant.

Before joining the NLRB, Macy served as Director of the U.S. Department of Labor’s Office of Workers’ Compensation Programs and as Acting Administrator of its Wage and Hour Division. He also practiced labor and employment law in Milwaukee for more than four decades. His Board term runs through August 27, 2030.

The Board already had a quorum, so Macy’s appointment did not newly enable it to decide cases. Its significance is the shift in voting power: the three Republican members now have the votes needed to overrule Board precedent when an appropriate case presents the issue. Although a three-member quorum may decide cases, the Board has historically treated three affirmative votes as necessary to overrule precedent, promoting stability in the NLRB’s interpretation of the NLRA.

That alignment creates a path to reconsider doctrines established or expanded during the Biden administration, including those concerning union organizing, employer speech, joint-employer liability, employee classification, and other recently shifting issues. The timing and scope of any changes...



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