White House Names Two NLRB Nominees, Biden-Era Rules Hold

President Trump has nominated Scott Mayer, Boeing’s chief labor counsel, and longtime NLRB official James Murphy to serve as Members of the National Labor Relations Board (NLRB), ending a months-long period in which the Board lacked a quorum and was largely powerless.

Why it matters: If and when Murphy and Mayer are confirmed, the Board will have a quorum for the first time since late January and can finally engage in new decisions and rulemaking that may undo Biden-era Board precedent.

The nominees:

• Scott Mayer is currently chief labor counsel at Boeing and has a long history as a management-side labor attorney, including at firms like Morgan, Lewis & Bockius LLP. He was nominated to fill outgoing Chair Lauren McFerran’s seat and would serve through 2029.

• James Murphy has spent nearly his entire career at the NLRB, including as legal counsel to multiple Board Members. Most recently, he served as chief counsel to current Chair Marvin Kaplan. He was nominated to fill the seat vacated by former Chair John Ring, with a term running through 2027.

A long time coming: The NLRB has lacked a quorum—and a permanent General Counsel—since January, when President Trump removed Democratic Member Gwynne Wilcox and General Counsel Jennifer Abruzzo. Without a quorum, the Board has been unable to carry out key functions, including addressing a host of controversial Biden-era decisions seen as hostile to employers.

How quickly will they be confirmed? Mayer and Murphy’s nominations must advance through committee and then be approved by the full Senate. At each stage, they could encounter opposition—not only from Senate Democrats, but also from pro-labor Republicans such as Sen. Josh Hawley (R-MO). In committee, where Republicans hold a narrow 12–11 majority, a single “no” vote from Hawley could be enough to stall the nominations.

• The experience of Crystal Carey, Trump’s pick for NLRB General Counsel, offers a cautionary tale. Nominated in March, she only recently received a hearing, amid vocal opposition from Sen. Hawley and the Teamsters who hold well-documented sway with the current administration.

Time is already running out: The Biden-era Board left its successor with dozens of controversial, employer-unfriendly policy changes to reckon with, including captive audience meeting bans, restrictions on workplace rules, and most infamously, union representation without elections.

• Reversing even one of the above policies can take months or even years, as relevant cases must first navigate the NLRB’s complex adjudicative process before reaching the Board—where decisions often take over a year, especially when amicus briefing is involved, as is typically the case with high-profile issues.

• Even if Mayer and Murphy are confirmed, a key obstacle remains: Chair Kaplan’s term expires in August. That would leave the Board with just two Republicans and one Democrat, Member David Prouty. Traditionally, the Board does not overturn precedent without at least three affirmative votes—meaning another nomination and confirmation would be necessary to effect real change.

  As of now, there are no signs that the administration has additional nominees in the pipeline.