The NLRB Is Back In Business

Volume: 24 | Issue: 45
December 22, 2025

Last week, the U.S. Senate voted to confirm President Trump’s nominees to serve as Board Members on the National Labor Relations Board (NLRB or Board) and his nominee for General Counsel to the NLRB. The Board is operational for the first time in 11 months and can now decide unfair labor practice cases and resolve election objections. 

James Murphy will serve as NLRB Chair and Scott Mayer will serve as a Board Member. These new Board Members join existing Democratic Board Member David Prouty and restore the quorum needed for the Board to issue substantive decisions. Management attorney Crystal Carey will take over as the Board’s new General Counsel who decides which cases are prosecuted and establishes enforcement priorities. 

The Board’s operations were disrupted when President Trump terminated Democratic Member Gwynne Wilcox in January. As we previously explained, she challenged her termination via a lawsuit which has been pending in the U.S. Court of Appeals for the District of Columbia. That court ruled on December 5, 2025, that her termination was lawful, but an appeal is possible. 

The 5-person Board is still short two Members which might prevent any major changes in the law for now. Nevertheless, employers can expect to see favorable changes from the General Counsel’s office in the months to come. 

If you have questions about what these developments mean for your cases or business, please contact a KZA attorney.  

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.

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