In January 2025, President Trump made history by becoming the first president since 1935 to remove an NLRB member—Democrat Gwynne Wilcox—over alleged performance issues, plunging the Board below its three-member quorum threshold. This decision halted hundreds of cases, leaving core labor protections, from unfair labor practice awards to union election rulings, in limbo.
The Nominations
- Scott Mayer, Boeing’s Chief Labor Counsel since 2022, with a track record in complex labor disputes and a seat at the corporate table .
- James Murphy, a career NLRB lawyer since 1974 who most recently served as Chief Counsel to Chair Marvin Kaplan .
Their confirmations would join them with current Republican Chair Marvin Kaplan and Democrat David Prouty, restoring a functioning Board .
Implications of a Republican Quorum
- Reversal of Biden-era policies: A Republican majority is poised to overturn decisions expanding union access via non-secret-ballot routes and curbing employer “captive audience” meetings .
- Active decision-making resumes: With a quorum, the Board will resume issuing binding decisions—including resolving the backlog of pre-quorum cases, which amount to hundreds delayed since January .
- Case law trajectory: Expected to tilt management-friendly, upcoming rulings could reshape employer obligations around email access, workplace handbooks, and job classification.
Political and Legal Crosswinds
- Wilcox legal fight: Wilcox is actively contesting her removal in court. Though the Supreme Court temporarily allowed her leave pending resolution, a later reinstatement could disrupt the Board’s partisan balance.
- Kaplan’s term expiration: Chair Kaplan’s term ends August 27, 2025. If un-renominated, his departure could prompt another vacancy—even after Mayer and Murphy are confirmed.
- Timing of Senate action: The speed of confirmation is uncertain. Senate hearings have begun, and delay tactics may prolong the manpower deadlock.
What Comes Next
- Senate review: The HELP Committee will vet Mayer and Murphy before moving to a full Senate vote—likely within the next 6–8 weeks .
- Strategic planning: Unions, employers, and labor advocates should prepare for a likely shift, potentially targeting the Board’s first batch of new-era decisions.
- Ongoing scrutiny: Legal watchers will monitor court developments in Wilcox’s case, which could lead to legal challenges if a Republican Board is seated while her lawsuit unfolds.
For further details, please contact the lawyers at Tobia & Lovelace Esq., LLC at 201-638-0990.