NLRB Update – Trump Nominates Two Board Members

Volume: 24 | Issue: 28
July 28, 2025

President Trump has finally nominated two individuals to join the National Labor Relations Board (NLRB or Board) which has been without a quorum since the January termination of Board Member Gwynne Wilcox. Even if they are approved by the U.S. Senate, however, change will not come quickly for employers due to timing and tradition. 

First, the nominees: Scott Mayer is a management-side labor and employment lawyer who currently works for Boeing as its Chief Labor Counsel. After several years in private practice, he worked in-house for Aramark and InterContinental Hotel Group (IHG); he also briefly worked for MGM Resorts International. James Murphy is a career NLRB lawyer, serving as a staff attorney for multiple former Board Members. He is currently Board Member Kaplan’s Chief Counsel. 

Second, the timing/tradition problem: While these nominees seem reasonable, uncertainty for employers remains, especially because Chair Kaplan’s term expires on August 27, 2025. If Kaplan is not renominated, the two new Board Members, if confirmed, will form a quorum with Democratic-Board Member David Prouty. Generally, the Board will not change precedential rulings with only a two-member majority, and the best employers can hope for is a narrow construction of the decisions issued by the Biden Board. If Kaplan is renominated, however, and the nominees are approved by the Senate, the Board will have the three-vote Republican majority needed to “undo” some of the more troubling decisions issued by the Biden Board. 

Either way, once there are three members on the Board again, the Board can begin issuing decisions. If you have questions about a specific pending case or legal issue, please contact a KZA attorney. Otherwise, we will continue to monitor this matter and keep you posted of developments.

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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