The National Labor Relations Board (“Board”) is operational again following the swearing-in of two new members on January 7, ending nearly a year without a quorum.
Responsible for overseeing union elections and enforcing federal labor laws, the Board had been unable to fulfill its purpose since January 27, 2025, when President Trump took the unprecedented step of dismissing Member Gwynne Wilcox before the end of her term, leaving the Board one member short of the three members necessary for a quorum (the smallest number capable of a tie-break on any contested matter that comes before the Board). With the expiration of Marvin Kaplan’s (R) term on August 27, 2025, only Member David Prouty (D) remained.
The breakthrough came on December 18, 2025, when the U.S. Senate confirmed two Trump nominees to the five-member board. They are:
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James R. Murphy (R), for a term expiring December 16, 2027, for the seat formerly occupied by John F. Ring, which had been vacant for three years; and
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Scott A. Mayer (R), for a term expiring December 16, 2029, for the seat last held by Lauren McFerrin, whose term expired in 2024.
Additionally, Crystal S. Carey was sworn in as General Counsel for a four-year term on December 18, 2025, replacing Jennifer Abruzzo, whom President Trump dismissed in January 2025.
The reconstituted Board must adjudicate nearly a year’s worth of unresolved matters in addition to affecting any policy shifts President Trump has slated. Experts anticipate reversals of Biden-era precedents, such as McLaren Macomb on overbroad confidentiality and non-disparagement clauses in severance agreements; Stericycle, Inc., on facially neutral workplace policies; and Cemex Construction, requiring employers to recognize a union or seek an election upon a majority support claim.
While the Board now has a quorum, it is still two seats shy of its full complement of five members. No major cases are likely to be overturned until at least one more Republican member is appointed to provide the three-member majority required under longstanding Board practice.
For more information on the current state of the NLRB or any Labor matters, please contact info@employerscouncil.org.
Curtis Graves, Esq. is a Labor Relations and Employment attorney with Employers Council