Posts tagged Republican majority
NLRB Refrain From Overturning Biden-Era Precedent – For Now
February 8, 2026 // Given a Circuit split in reviews of Board cases on the issue and the Board’s departure from longstanding precedent when it decided Thryv, many practitioners considered itto be ripe for reconsideration by the newly instated Republican-majority Board. In a footnote, however, new Members Mayer and Murphy declined to express any opinion on the expanded remedies created by Thryv. Rather, they explained that the Board will continue to apply existing precedent “in the absence of a three-member majority to overrule it.” Members Mayer and Murphy’s decision to respect this tradition signals that federal labor law – including the union-friendly Biden-era decisions – will likely remain status quo for the foreseeable future.
Unionizing Set to Fall Due to Economic, Political Headwinds
February 3, 2026 // The number of union elections fell to 1,372 last year, down from 1,938 in 2024. That’s the fewest elections since 2021, a review of National Labor Relations Board data found. Union wins also sank by nearly 27% in 2025 compared to 2024, the first downturn since 2020. That drop in election wins led to the number of new workers organized via NLRB elections to fall nearly 40% year-over-over to just 65,542 workers in 2025, according to the data. Organized labor saw a post-pandemic boom after decades of union membership decline. But new economic and political headwinds, including a more management-friendly NLRB and a cooling jobs market, look likely to reverse that trend.
Court rejects New York bid to take over federal labor enforcement
December 2, 2025 // Unions have been pushing labor-friendly states to pass laws allowing state officials to take over workplace enforcement matters when the NLRB cannot respond in a timely manner. New York and California have been leading in this effort, passing laws to that effect in September. The laws give unions a potentially major legal advantage over businesses in workplace disputes, including contested union elections. The laws would only come into play if the NLRB itself is inactive, but that’s been an increasingly common phenomenon in recent years. The NLRB’s five-member board is currently down to just one member due to a combination of members’ terms expiring, some firings by the Trump administration, and slow Senate confirmations.
President Trump Taps Two GOP Nominees for NLRB, But Uncertainty Remains
July 21, 2025 // President Trump nominated Scott Mayer (chief labor counsel at Boeing Co.) and James Murphy (former NLRB attorney) to fill two vacant Republican seats on the NLRB, potentially restoring the Board’s ability to issue decisions. Mayer’s work experience demonstrates a strong management background, having worked at InterContinental Hotels Group, MGM Resorts International, Aramark, and several law firms prior to his current role at Boeing. Meanwhile, Murphy was selected by Kaplan to serve as his chief counsel in 2017 and has spent his career at the Board, having served as staff counsel or supervisor on the staffs of dozens of Board members.
National Labor Relations Board Expected to Have Republican Majority Shortly After Trump Takes Office
December 16, 2024 // It is likely that upon the Republicans becoming the majority, the NLRB will begin reversing various pro-union decisions the Biden NLRB handed down during the last four years, especially in those decisions in which the Republican members issued lengthy and robust dissents. It is not clear at this time whom President-elect Trump will appoint or what cases the new NLRB will focus on in the short term, but a flurry of action is expected, nonetheless.