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NLRB Quorum Restored: New Year May Bring New NLRB Decisions

After operating with only two members for nearly a year, the National Labor Relations Board finally regained its quorum on December 18, 2025, when the Senate confirmed Republicans James Murphy and Scott Mayer as Board members and Crystal Carey as General Counsel.

Why This Matters

The Board has been effectively paralyzed since January 2025, unable to issue decisions on appeals from administrative law judges. With Murphy (expected to serve as Chairman) and Mayer joining Democratic member David Prouty, the Board can now resume deciding cases and clearing a substantial backlog.

The Catch: No Immediate Policy Reversals

Despite the Republican majority, employers shouldn't expect wholesale changes to employee-friendly Biden-era decisions anytime soon. Under longstanding Board practice, overturning precedent typically requires three aligned members. With only two Republican appointees, the Board lacks the votes to reverse controversial Biden-era decisions on workplace rules, protected activity, union elections, and mandatory meetings.

However, the Board could still shape outcomes by clarifying or narrowing existing decisions without formally overturning them, and may use notice-and-comment rulemaking to modify certain rules.

What to Expect from the New General Counsel

More immediate changes will likely come from the General Counsel’s office. New general counsels traditionally issue enforcement guidance, and Carey is expected to shift away from her Biden-era predecessor's aggressive positions on issues like non-compete agreements, workplace recordings, and handbook language. Employers may see a return to the agency's traditional approach of prioritizing cases with broader statutory significance and greater flexibility on settlements at the regional level.

Constitutional Uncertainties Ahead

The Board faces unprecedented questions about its structure and independence. President Trump's removal of General Counsel Abruzzo and Board Member Wilcox in January raised concerns about whether Board members truly have removal protections. The Supreme Court is expected to rule on presidential removal authority over independent agencies by July 2026, which could fundamentally reshape how the Board operates.

Additionally, the Fifth Circuit has been receptive to constitutional challenges regarding administrative law judge removal protections, creating a potential circuit split that may require Supreme Court resolution.

Bottom Line

While the restored quorum allows the Board to function again, employers should not expect dramatic changes to substantive labor law while ringing in the new year. The Board’s immediate focus will be on clearing the backlog and awaiting General Counsel Carey's enforcement priorities. Longer term, employers should expect renewed confirmation battles when Member Prouty's term expires in August 2026, continued constitutional litigation, and potential structural reforms that could alter the agency's independence.

Employers should continue to monitor Board decisions and seek legal guidance before making any decisions regarding efforts by unions to organize or efforts by employees to raise work-related concerns, which are impacted by National Labor Relations Board decisions and regulations.

NLRB Quorum Restored: New Year May Bring New NLRB Decisions

After operating with only two members for nearly a year, the National Labor Relations Board finally regained its quorum on December 18, 2025, when the Senate confirmed Republicans James Murphy and Scott Mayer as Board members and Crystal Carey as General Counsel.

Why This Matters

The Board has been effectively paralyzed since January 2025, unable to issue decisions on appeals from administrative law judges. With Murphy (expected to serve as Chairman) and Mayer joining Democratic member David Prouty, the Board can now resume deciding cases and clearing a substantial backlog.

The Catch: No Immediate Policy Reversals

Despite the Republican majority, employers shouldn't expect wholesale changes to employee-friendly Biden-era decisions anytime soon. Under longstanding Board practice, overturning precedent typically requires three aligned members. With only two Republican appointees, the Board lacks the votes to reverse controversial Biden-era decisions on workplace rules, protected activity, union elections, and mandatory meetings.

However, the Board could still shape outcomes by clarifying or narrowing existing decisions without formally overturning them, and may use notice-and-comment rulemaking to modify certain rules.

What to Expect from the New General Counsel

More immediate changes will likely come from the General Counsel’s office. New general counsels traditionally issue enforcement guidance, and Carey is expected to shift away from her Biden-era predecessor's aggressive positions on issues like non-compete agreements, workplace recordings, and handbook language. Employers may see a return to the agency's traditional approach of prioritizing cases with broader statutory significance and greater flexibility on settlements at the regional level.

Constitutional Uncertainties Ahead

The Board faces unprecedented questions about its structure and independence. President Trump's removal of General Counsel Abruzzo and Board Member Wilcox in January raised concerns about whether Board members truly have removal protections. The Supreme Court is expected to rule on presidential removal authority over independent agencies by July 2026, which could fundamentally reshape how the Board operates.

Additionally, the Fifth Circuit has been receptive to constitutional challenges regarding administrative law judge removal protections, creating a potential circuit split that may require Supreme Court resolution.

Bottom Line

While the restored quorum allows the Board to function again, employers should not expect dramatic changes to substantive labor law while ringing in the new year. The Board’s immediate focus will be on clearing the backlog and awaiting General Counsel Carey's enforcement priorities. Longer term, employers should expect renewed confirmation battles when Member Prouty's term expires in August 2026, continued constitutional litigation, and potential structural reforms that could alter the agency's independence.

Employers should continue to monitor Board decisions and seek legal guidance before making any decisions regarding efforts by unions to organize or efforts by employees to raise work-related concerns, which are impacted by National Labor Relations Board decisions and regulations.

NLRB Quorum Restored: New Year May Bring New NLRB Decisions

After operating with only two members for nearly a year, the National Labor Relations Board finally regained its quorum on December 18, 2025, when the Senate confirmed Republicans James Murphy and Scott Mayer as Board members and Crystal Carey as General Counsel.

Why This Matters

The Board has been effectively paralyzed since January 2025, unable to issue decisions on appeals from administrative law judges. With Murphy (expected to serve as Chairman) and Mayer joining Democratic member David Prouty, the Board can now resume deciding cases and clearing a substantial backlog.

The Catch: No Immediate Policy Reversals

Despite the Republican majority, employers shouldn't expect wholesale changes to employee-friendly Biden-era decisions anytime soon. Under longstanding Board practice, overturning precedent typically requires three aligned members. With only two Republican appointees, the Board lacks the votes to reverse controversial Biden-era decisions on workplace rules, protected activity, union elections, and mandatory meetings.

However, the Board could still shape outcomes by clarifying or narrowing existing decisions without formally overturning them, and may use notice-and-comment rulemaking to modify certain rules.

What to Expect from the New General Counsel

More immediate changes will likely come from the General Counsel’s office. New general counsels traditionally issue enforcement guidance, and Carey is expected to shift away from her Biden-era predecessor's aggressive positions on issues like non-compete agreements, workplace recordings, and handbook language. Employers may see a return to the agency's traditional approach of prioritizing cases with broader statutory significance and greater flexibility on settlements at the regional level.

Constitutional Uncertainties Ahead

The Board faces unprecedented questions about its structure and independence. President Trump's removal of General Counsel Abruzzo and Board Member Wilcox in January raised concerns about whether Board members truly have removal protections. The Supreme Court is expected to rule on presidential removal authority over independent agencies by July 2026, which could fundamentally reshape how the Board operates.

Additionally, the Fifth Circuit has been receptive to constitutional challenges regarding administrative law judge removal protections, creating a potential circuit split that may require Supreme Court resolution.

Bottom Line

While the restored quorum allows the Board to function again, employers should not expect dramatic changes to substantive labor law while ringing in the new year. The Board’s immediate focus will be on clearing the backlog and awaiting General Counsel Carey's enforcement priorities. Longer term, employers should expect renewed confirmation battles when Member Prouty's term expires in August 2026, continued constitutional litigation, and potential structural reforms that could alter the agency's independence.

Employers should continue to monitor Board decisions and seek legal guidance before making any decisions regarding efforts by unions to organize or efforts by employees to raise work-related concerns, which are impacted by National Labor Relations Board decisions and regulations.

NLRB Quorum Restored: New Year May Bring New NLRB Decisions

After operating with only two members for nearly a year, the National Labor Relations Board finally regained its quorum on December 18, 2025, when the Senate confirmed Republicans James Murphy and Scott Mayer as Board members and Crystal Carey as General Counsel.

Why This Matters

The Board has been effectively paralyzed since January 2025, unable to issue decisions on appeals from administrative law judges. With Murphy (expected to serve as Chairman) and Mayer joining Democratic member David Prouty, the Board can now resume deciding cases and clearing a substantial backlog.

The Catch: No Immediate Policy Reversals

Despite the Republican majority, employers shouldn't expect wholesale changes to employee-friendly Biden-era decisions anytime soon. Under longstanding Board practice, overturning precedent typically requires three aligned members. With only two Republican appointees, the Board lacks the votes to reverse controversial Biden-era decisions on workplace rules, protected activity, union elections, and mandatory meetings.

However, the Board could still shape outcomes by clarifying or narrowing existing decisions without formally overturning them, and may use notice-and-comment rulemaking to modify certain rules.

What to Expect from the New General Counsel

More immediate changes will likely come from the General Counsel’s office. New general counsels traditionally issue enforcement guidance, and Carey is expected to shift away from her Biden-era predecessor's aggressive positions on issues like non-compete agreements, workplace recordings, and handbook language. Employers may see a return to the agency's traditional approach of prioritizing cases with broader statutory significance and greater flexibility on settlements at the regional level.

Constitutional Uncertainties Ahead

The Board faces unprecedented questions about its structure and independence. President Trump's removal of General Counsel Abruzzo and Board Member Wilcox in January raised concerns about whether Board members truly have removal protections. The Supreme Court is expected to rule on presidential removal authority over independent agencies by July 2026, which could fundamentally reshape how the Board operates.

Additionally, the Fifth Circuit has been receptive to constitutional challenges regarding administrative law judge removal protections, creating a potential circuit split that may require Supreme Court resolution.

Bottom Line

While the restored quorum allows the Board to function again, employers should not expect dramatic changes to substantive labor law while ringing in the new year. The Board’s immediate focus will be on clearing the backlog and awaiting General Counsel Carey's enforcement priorities. Longer term, employers should expect renewed confirmation battles when Member Prouty's term expires in August 2026, continued constitutional litigation, and potential structural reforms that could alter the agency's independence.

Employers should continue to monitor Board decisions and seek legal guidance before making any decisions regarding efforts by unions to organize or efforts by employees to raise work-related concerns, which are impacted by National Labor Relations Board decisions and regulations.

NLRB Quorum Restored: New Year May Bring New NLRB Decisions

After operating with only two members for nearly a year, the National Labor Relations Board finally regained its quorum on December 18, 2025, when the Senate confirmed Republicans James Murphy and Scott Mayer as Board members and Crystal Carey as General Counsel.

Why This Matters

The Board has been effectively paralyzed since January 2025, unable to issue decisions on appeals from administrative law judges. With Murphy (expected to serve as Chairman) and Mayer joining Democratic member David Prouty, the Board can now resume deciding cases and clearing a substantial backlog.

The Catch: No Immediate Policy Reversals

Despite the Republican majority, employers shouldn't expect wholesale changes to employee-friendly Biden-era decisions anytime soon. Under longstanding Board practice, overturning precedent typically requires three aligned members. With only two Republican appointees, the Board lacks the votes to reverse controversial Biden-era decisions on workplace rules, protected activity, union elections, and mandatory meetings.

However, the Board could still shape outcomes by clarifying or narrowing existing decisions without formally overturning them, and may use notice-and-comment rulemaking to modify certain rules.

What to Expect from the New General Counsel

More immediate changes will likely come from the General Counsel’s office. New general counsels traditionally issue enforcement guidance, and Carey is expected to shift away from her Biden-era predecessor's aggressive positions on issues like non-compete agreements, workplace recordings, and handbook language. Employers may see a return to the agency's traditional approach of prioritizing cases with broader statutory significance and greater flexibility on settlements at the regional level.

Constitutional Uncertainties Ahead

The Board faces unprecedented questions about its structure and independence. President Trump's removal of General Counsel Abruzzo and Board Member Wilcox in January raised concerns about whether Board members truly have removal protections. The Supreme Court is expected to rule on presidential removal authority over independent agencies by July 2026, which could fundamentally reshape how the Board operates.

Additionally, the Fifth Circuit has been receptive to constitutional challenges regarding administrative law judge removal protections, creating a potential circuit split that may require Supreme Court resolution.

Bottom Line

While the restored quorum allows the Board to function again, employers should not expect dramatic changes to substantive labor law while ringing in the new year. The Board’s immediate focus will be on clearing the backlog and awaiting General Counsel Carey's enforcement priorities. Longer term, employers should expect renewed confirmation battles when Member Prouty's term expires in August 2026, continued constitutional litigation, and potential structural reforms that could alter the agency's independence.

Employers should continue to monitor Board decisions and seek legal guidance before making any decisions regarding efforts by unions to organize or efforts by employees to raise work-related concerns, which are impacted by National Labor Relations Board decisions and regulations.

NLRB Quorum Restored: New Year May Bring New NLRB Decisions

After operating with only two members for nearly a year, the National Labor Relations Board finally regained its quorum on December 18, 2025, when the Senate confirmed Republicans James Murphy and Scott Mayer as Board members and Crystal Carey as General Counsel.

Why This Matters

The Board has been effectively paralyzed since January 2025, unable to issue decisions on appeals from administrative law judges. With Murphy (expected to serve as Chairman) and Mayer joining Democratic member David Prouty, the Board can now resume deciding cases and clearing a substantial backlog.

The Catch: No Immediate Policy Reversals

Despite the Republican majority, employers shouldn't expect wholesale changes to employee-friendly Biden-era decisions anytime soon. Under longstanding Board practice, overturning precedent typically requires three aligned members. With only two Republican appointees, the Board lacks the votes to reverse controversial Biden-era decisions on workplace rules, protected activity, union elections, and mandatory meetings.

However, the Board could still shape outcomes by clarifying or narrowing existing decisions without formally overturning them, and may use notice-and-comment rulemaking to modify certain rules.

What to Expect from the New General Counsel

More immediate changes will likely come from the General Counsel’s office. New general counsels traditionally issue enforcement guidance, and Carey is expected to shift away from her Biden-era predecessor's aggressive positions on issues like non-compete agreements, workplace recordings, and handbook language. Employers may see a return to the agency's traditional approach of prioritizing cases with broader statutory significance and greater flexibility on settlements at the regional level.

Constitutional Uncertainties Ahead

The Board faces unprecedented questions about its structure and independence. President Trump's removal of General Counsel Abruzzo and Board Member Wilcox in January raised concerns about whether Board members truly have removal protections. The Supreme Court is expected to rule on presidential removal authority over independent agencies by July 2026, which could fundamentally reshape how the Board operates.

Additionally, the Fifth Circuit has been receptive to constitutional challenges regarding administrative law judge removal protections, creating a potential circuit split that may require Supreme Court resolution.

Bottom Line

While the restored quorum allows the Board to function again, employers should not expect dramatic changes to substantive labor law while ringing in the new year. The Board’s immediate focus will be on clearing the backlog and awaiting General Counsel Carey's enforcement priorities. Longer term, employers should expect renewed confirmation battles when Member Prouty's term expires in August 2026, continued constitutional litigation, and potential structural reforms that could alter the agency's independence.

Employers should continue to monitor Board decisions and seek legal guidance before making any decisions regarding efforts by unions to organize or efforts by employees to raise work-related concerns, which are impacted by National Labor Relations Board decisions and regulations.