Hunton Employment & Labor Perspectives

The National Labor Relations Board (“NLRB” or “Board”) has a quorum for the first time in nearly a year.  On January 7, 2026, James Murphy and Scott Mayer were sworn in as Board Members, and Crystal Carey was sworn in as the Board’s General Counsel.  The Trump-nominees join David M. Prouty, the sole remaining Member of the Biden-nominated NLRB. 

The quasi-judicial NLRB has five Members, appointed by the President and confirmed by the Senate, in staggered five-year terms.  The Board requires three members as a quorum to operate.  It has been without a statutory quorum since former Member, Gwynne Wilcox, was fired in January 2025.  Fears that the logjam would continue following the end of former-Chairman Marvin Kaplan’s term are now laid to rest. 

While it was without a quorum, regional offices continued to investigate some unfair labor practice charges and conduct elections, even though the NLRB could not issue final decisions.  Employers can expect the Board to begin immediate review of its backlog of cases.  And, with the confirmation of General Counsel Carey, employers can expect renewed enforcement actions to take place.

With two sitting Republicans, employers can also expect that NLRB decisions favoring unions will not continue.  However, existing Biden-era precedent may not be narrowed at this time.  By tradition, the Board requires a “three-member majority to overrule existing precedent.”  Loc. Joint Exec. Bd. of Las Vegas v. N.L.R.B., 657 F.3d 865, 870 (9th Cir. 2011).  Although this rule is “not based on the [National Labor Relations] Act itself, nor has it been codified in a Board rule or statement of procedure,” 76 Fed. Reg. 80,138 (Dec. 22, 2011), both new Members have indicated that it will be followed.  Existing precedent is thus unlikely to be overturned unless and until a third Republican Member is appointed and confirmed.

We will continue to keep you informed of NLRB developments.