NLRB Quorum Restored: What Employers Need to Know

Introduction

On December 18, 2025, the U.S. Senate voted 53-43 to confirm two new members to the National Labor Relations Board (NLRB), restoring the legally required three-member quorum. A quorum consists of at least three of the five Board members and is required for the NLRB to issue decisions. Since January 2025, the Board has only had one sitting member, leaving the agency unable to resolve cases and causing hundreds of administrative law judge (ALJ) decisions to pile up without finalization. This prolonged vacancy delayed critical resolutions for employers, unions, and workers.

Since President Trump took office, the NLRB has been embroiled in disputes over its independence and authority to enforce labor standards, particularly after his controversial removal of Democratic member Gwynne Wilcox. In response to the Board’s inability to act during periods without a quorum, California and New York legislatures moved to give state labor regulators greater authority to fill the gap. The NLRB challenged both measures. A federal judge has temporarily blocked enforcement of New York’s law, and litigation in NLRB v. State of New York and NLRB v. State of California is still pending.

NLRB New Appointees

The recent confirmations include James Murphy, a Republican and career NLRB attorney whose term runs through December 16, 2027, and Scott Mayer, a Republican and former Boeing chief labor counsel, whose term extends to December 16, 2029. Additionally, Crystal Carey, a former NLRB attorney and private practice partner, was appointed as General Counsel for a four-year term. Carey is expected to take a markedly different approach from her predecessor, Jennifer Abruzzo, signaling a shift toward more conservative enforcement priorities. During confirmation hearings, Carey criticized prior practices for stretching legal boundaries and contributing to case backlogs, calling for an organizational review of the agency.

With these appointments, the Board now has three voting members, two Republicans and one remaining member, David Prouty, a Democrat, whose term expires in 2026. This composition makes sweeping reversals of Biden-era precedents unlikely, as longstanding Board tradition requires three affirmative votes to overturn existing rulings. Employers should not anticipate sweeping reversals of rulings such as Stericycle, restrictions on workplace investigations and confidentiality directives, bans on “captive audience” meetings, or severance agreement decisions. However, the Board is now positioned to resume voting and start addressing its significant backlog of cases.

What’s Next For Employers

Looking ahead, employers should expect faster rulings on pending cases and possible policy changes as the NLRB ramps up activity. Be prepared for election objections, remedial orders, and other enforcement actions to resume. Now is the time to review union campaign strategies and ensure supervisors and related human resources employees are trained on lawful communications and responses. Even if major precedent shifts are not expected immediately, subtle changes in how the Board approaches cases can impact your strategy. Employers should revisit handbooks, discipline policies, and non-disparagement clauses, as these remain vulnerable to challenge. To stay ahead, reach out to Obermayer for a thorough review of your policies and handbooks to protect your organization against evolving requirements.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.