After many months of operational limbo, the National Labor Relations Board (NLRB) has finally regained the quorum it needs to function. That means the Board can now resume issuing decisions, resolving election disputes, and generally playing a much bigger role in the federal labor law universe.
If you’re an employer wondering whether this is good news, bad news, or just news, here’s what you should know:
Quick Context – What Happened?
Earlier in 2025, the NLRB was unable to operate normally because it lacked the three-member quorum required by law to issue decisions. That stall froze many cases and left employers and unions alike in a holding pattern. As of December 18, 2025, three nominees were confirmed by the U.S. Senate, restoring the Board’s quorum and capacity to act.
Scott Mayer and James Murphy, both Republican, will now join the sole Democratic member of the Board, David Prouty. Mayer most recently worked as chief labor counsel for the Boeing Company, and his multi-decade career includes senior labor roles with employers such as InterContinental Hotels Group (IGH), MGM Resorts International, and Aramark. James Murphy is a career NLRB attorney and has worked extensively in the Board’s legal office, including serving as Chief Counsel to NLRB leaders and advising on numerous unfair labor practice and representation cases.
The Senate also confirmed Crystal Carey, who will serve as the Board’s General Counsel. Carey is a management-side labor and employment lawyer and partner at Morgan Lewis & Bockius LLP and previously served as a staff attorney at the NLRB, giving her insight into the agency’s internal operations. Carey will lead the office of General Counsel – the prosecutorial and influential arm of the NLRB – for a four-year term.
What to Expect:
- The Board Can Do Its Job Again – The NLRB now has at least three confirmed board members, allowing it to issue decisions on representation cases, election objections, and unfair labor practice charges that have been stalled.
- Case Backlogs Will Start Moving – Expect a flow of decisions now on cases that were pending during the quorum-less period. Decisions will come from both regional offices and, increasingly, the Board itself.
- New Precedents? Maybe, But Not Immediately – Though the Board can issue decisions again, it still may not overturn major precedent without a three-vote consensus. This may prove tricky with the mixed Board membership.
- Union Activity Continues – Representation petitions and union campaigns have never stopped. The quorum, however, matters more for final decisions than for ongoing organizing activity.
- Elections and Remedies – Employers should be prepared for election objections, remedial orders, and other enforcement actions to resume through the system.
What Should Employers Do Now?
- Review your union campaign strategies and protections – Refresh training for supervisors and HR on lawful union-related communications and responses.
- Stay informed of evolving Board opinions – Even if drastic precedent isn’t imminent, subtle shifts in how the Board handles cases can strongly affect strategy.
If you’re an employer looking for additional information or counsel on union organizations, unfair labor practice charges, and/or collective bargaining, you can contact CDF’s Traditional Labor Law Practice Group or the author of this article.
