The National Labor Relations Act (NLRA) requires the National Labor Relations Board (NLRB) to have a quorum of three members to exercise its powers and conduct business. As of July 2025, the NLRB does not have a quorum and is effectively frozen.

July 17 Update

Trump Nominates New NLRB Members

On July 17, 2025, President Trump announced two nominees for the five-member NLRB:

• Scott Mayer, chief labor counsel at Boeing
• James Murphy, experienced NLRB lawyer

Pending confirmation by a majority of the U.S. Senate, Mayer and Murphy would reestablish a quorum, enabling the NLRB to resume its decision-making authority. A reactivated NLRB is expected to reverse Biden-era decisions that expanded employee protections under the NLRA.

The Senate’s summer recess, scheduled to begin on Aug. 4, could delay the confirmation process.

May 22 Update

Liberal NLRB Board Member’s Firing Stands, Pending Appeal: What That Means for Employers Right Now

On May 22, 2025, the U.S. Supreme Court granted the government’s emergency request to stay a D.C. District Court order reinstating National Labor Relations Board (NLRB) Member Gwynne Wilcox. The Court’s two-page order effectively pauses enforcement of the injunction that barred President Trump from removing Wilcox as a Member without cause. The stay means Wilcox’s removal stands (i.e., she remains terminated from the NLRB) pending appeal. The stay will remain in effect through the D.C. Circuit appeal and until the Supreme Court either denies review or issues a final ruling.

Effect on the NLRB

The Supreme Court’s stay prolongs the Board’s quorum deficit: Wilcox will remain off the Board while her case is appealed. Unless a new Board member is nominated and confirmed, the NLRB will continue without a quorum for the foreseeable future.

Because the Board cannot formally act without a quorum, it cannot issue or enforce any new rulings. Existing NLRB precedents and decisions (including those issued during the Biden administration) remain in effect. Employers must continue to comply with current labor law standards since no new Board case law or rule changes can be adopted until a Board quorum exists.

Implications for Employers

Despite the lack of a quorum, NLRB Regional Offices will carry on processing representation petitions and conducting union elections. Even without a Board quorum, Regional Directors can still oversee elections and certify results. Employers may see union organizing campaigns progress as usual (e.g., an election will be held and the results certified), but any post-election disputes (objections or challenges to the results) that would normally go to the Board for resolution will now remain unresolved until the Board can act.

Regional staff will similarly still investigate and prosecute unfair labor practice charges through the ALJ stage. Employers will face ALJ hearings and decisions, but any appeals from those ALJ decisions must be presented to the Board, which currently cannot issue a final decision.  In practical terms, if an employer loses at the ALJ level, the adverse decision cannot be enforced or turned into binding precedent until the Board regains a quorum.

The Supreme Court’s May 22 order keeps the NLRB effectively inoperative for decision-making. Employers should maintain compliance with current law and monitor any elections or ULP investigations as usual, but should also prepare for delays in final case outcomes before any new precedent from the Board. While regular agency operations (e.g., Regional case processing) continue, the Board’s role in issuing binding decisions is suspended.

Background and Previous Updates

• On Jan. 27, 2025, President Trump removed Gwynne Wilcox from her NLRB position without cause. This dismissal was unprecedented in the NLRB’s 90-year history and left the Board without its required quorum. There were already two vacant positions on the Board due to recently expired terms and a delayed Senate confirmation during the Biden administration. Board members serve five-year, staggered terms.
• Following her removal, Wilcox filed a lawsuit in the U.S. District Court for the District of Columbia, arguing that it was a violation of the NLRA. Under the NLRA, the president can remove a member for “neglect of duty or malfeasance in office” only. The district court ruled in favor of Wilcox on March 6.
• On April 7, the U.S. Court of Appeals for the D.C. Circuit blocked the termination again.
• On April 9, the U.S. Supreme Court weighed in, with Chief Justice John Roberts granting a stay on the appellate court’s decision, effectively allowing the termination to remain in effect pending resolution of the ongoing legal challenges.
• Wilcox has not been reinstated as of May 1. The dismissal of Wilcox and the legal challenges surrounding it may have important implications for presidential authority to remove members of independent federal agencies. In addition, President Trump’s eventual board member nominations will have implications for employers, as the NLRB issues precedent-setting decisions in unfair labor practice cases that affect both union and non-union employers.

Taft will monitor ongoing NLRB member activities and share updates here.