On December 18, 2025, the United States Senate confirmed the appointment of Scott Mayer and James Murphy as members and Crystal Carey as General Counsel of the National Labor Relations Board (“NLRB”). After a standstill since January 2025, the NLRB will be able to issue decisions and hear appeals once again.
In her latest article, KingSpry’s Employment Law Chair, Avery E. Smith, Esq., discusses the recent Senate confirmations and what changes employers can expect in 2026.
Background
Since January 2025, the NLRB has been without a quorum following President Trump’s removal of Board Member Gwynne Wilcox. In 2010, the Supreme Court held that the NLRB must be comprised of at least three members to maintain a quorum and exercise its delegated authority. New Process Steel v. NLRB, 560 U.S. 674 (2010). Because the NLRB lacked a three-member quorum, it could not issue valid decisions or hear appeals from Administrative Law Judge (“ALJ”) decisions. Following the appointment of Mr. Mayer and Mr. Murphy, the NLRB has regained a quorum and its full adjudicatory authority.
Impact
Employers can expect a flurry of NLRB action in 2026. First, there will likely be a shift towards employer-friendly policies following the appointment of two (2) Republican appointees. Second, the NLRB is expected to issue several new decisions, given its backlog of cases, and may amend Biden-Era decisions and guidance. Finally, parties may once again appeal ALJ decisions to the NLRB, which means employers should be prepared to defend against and/or file appeals.
Key Takeaways for Employers
Because a surge of NLRB activity is expected in the New Year, employers are encouraged to be proactive in planning how they will assess and update their employment policies once the new NLRB decisions start rolling in.
KingSpry’s Employment Law Practice Team will continue monitoring NLRB activity and is prepared to assist employers in reviewing their policies to ensure compliance with local, State, and Federal employment laws.
