President Trump just nominated James Macy on April 13 to fill a vacancy on the National Labor Relations Board, and if confirmed, the Board will have something it hasn’t had since Trump took office: a functioning three-member Republican majority with the votes to actually change the law. Longstanding NLRB tradition requires at least three affirmative votes to overturn precedent, and that bottleneck is about to clear. Now that the third GOP vote is within reach, here are the eight Biden-era decisions we believe are most likely to be overturned, and what employers can expect when the law changes.
Who is James Macy?
Macy currently serves as the director of the Department of Labor’s Office of Workers’ Compensation Programs and previously served as acting administrator for the Wage and Hour Division pending Andrew Rogers’s confirmation. Before joining the DOL, he worked as a management-side labor attorney in private practice, and has a 40+ year career in labor and employment law. If confirmed as expected, his term would run through August 2030.
The Stage Is Set for Change
Before diving in, a word on timing and mechanics. Overturning NLRB precedent requires the right case to reach the Board in the right procedural posture, and that takes time. The Board doesn’t simply issue rulings on its own. It can only reverse decisions through new cases that present the same legal question. The General Counsel’s office, now aligned with the Board’s majority, will play a critical role in...
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