News

For the first time in nearly a year, the National Labor Relations Board (“NLRB” or “Board”) is poised to resume full adjudicatory authority. Following Senate confirmation of James Murphy and Scott Mayer as Board Members, the Board will regain the three-member quorum required to issue decisions and address its growing backlog of cases. Murphy’s term will run through December 2027, Mayer’s through December 2029. In addition, Crystal Carey has been confirmed as General Counsel of the Board. Her confirmation is expected to steer the prosecutorial agenda of the Board in a more employer-friendly direction. Carey will serve a four-year term as General Counsel.

Why This Matters

The lack of quorum since January 2025 effectively froze the Board’s ability to reconsider controversial rulings from the Biden era. Employers have been operating under precedents that significantly expanded union rights and imposed new obligations, including:

• Cemex Construction Materials Pacific LLC, 372 NLRB No. 130 – Created a new framework for union recognition, requiring employers to either recognize a union claiming majority support or promptly file a representation petition, with heightened risk of bargaining orders for unfair labor practices.
• Stericycle, Inc., 372 NLRB No. 113 – Adopted a strict standard for evaluating workplace rules under the National Labor Relations Act (“NLRA” or “the Act”).
• McLaren Macomb, 372 NLRB No. 58 – Invalidated severance agreements containing confidentiality and non-disparagement clauses as infringing on Section 7 rights.
• Thryv, Inc., 372 NLRB No. 22 – Expanded remedies for unfair labor practices.
• Amazon.com Services, 373 NLRB No. 136 – Reinforced restrictions on employer conduct during organizing campaigns.
• Endurance Environmental Solutions, 373 NLRB No. 141 – Addressed bargaining obligations and employer defenses in complex ULP cases.

With a quorum restored, the Board can now revisit these decisions and potentially shift toward a more management-friendly posture.

Practical Implications for Employers

In addition to the anticipated shift in labor policy, the Board is also poised to resume hearing and reviewing appeals. Employers should prepare for the following:

• Appeals Resume: Employers can once again appeal unfavorable Administrative Law Judge (“ALJ”) decisions to the Board. Conversely, employers who prevailed before ALJs should prepare to defend those decisions on appeal.
• Policy Review: Prepare to audit workplace policies and agreements that were revised to comply with Biden-era standards, as these may soon be subject to change.
• Union Strategy: Cemex and related rulings dramatically altered union organizing dynamics. Employers should monitor whether the Board narrows or overturns these standards.
• Case Backlog: There are currently hundreds of cases before the Board that have been briefed and await decisions. Expect a surge in Board activity in early 2026.

Bottom Line

The restoration of an NLRB quorum marks a turning point for labor law. While immediate reversals of precedent will require a three-member majority aligned on key issues, employers should anticipate significant developments in 2026. Proactive compliance reviews and strategic planning are essential.

Michael Best’s Labor & Employment team is closely monitoring these developments. Contact us to discuss how these changes may impact your organization.