The National Labor Relations Board (NLRB) is back to operating after recent confirmations restored a quorum and a new General Counsel. While the Board can once again issue decisions, it currently lacks the votes needed to overturn significant union-friendly decisions from the prior administration. In the meantime, we expect the Board to issue decisions applying and clarifying existing law, the new General Counsel to reveal her enforcement agenda, and the courts to weigh in on ongoing constitutional challenges to the Board’s structure and authority.
Recent Confirmations Restore the Board’s Ability to Act
On December 18, 2025, the Senate confirmed two new Board members: James Murphy, a longtime Board attorney who has served on the staff of multiple Board members, and Scott Mayer, former Labor Counsel for Boeing. With these confirmations, the Board now consists of three members: two Republicans and one Democrat, Chair David Prouty.
On the same day, Crystal Carey, a former NLRB attorney and Morgan Lewis attorney, was confirmed as the NLRB’s new General Counsel (GC). Together, these confirmations restore the agency’s ability to set its priorities, and issue decisions that will impact labor policy.
Unfavorable Precedent Likely to Hold—for Now
Employers should temper their expectation that all the union-friendly decisions from the previous administration will suddenly vanish. With three sitting members, the Board has a quorum and can decide cases. However, under longstanding...
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