After several months without a functioning quorum, President Trump nominated James Murphy and Scott Mayer to fill vacant seats on the National Labor Relations Board late last week, signaling the potential for a significant course correction of the nation’s labor law landscape. Once confirmed as expected, these nominees could quickly reshape things for employers across the country, especially as many continue to grapple with aggressive union activity, a backlog of Board decisions, and sweeping changes to precedent issued under the prior administration. With the pendulum poised to swing back, employers should start preparing now for what could be a more management-friendly Board. Here is a quick recap and a list of the five most significant cases you should keep your eye on.
Trump's Picks and a Path Back to Quorum
On July 17, President Trump announced the nominations of two new Board members to fill two of the vacant seats on the NLRB:
If confirmed by the Senate, these nominees would restore a quorum to the five-member Board. The NLRB has been hamstrung since the Supreme Court’s May ruling blocking the reinstatement of Democratic Board Member Gwynne Wilcox and leaving the Board with just two active members – Chairman Marvin Kaplan and David Prouty – and unable to issue decisions.
The Board’s inability to...
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