Labor & Employment Law Update

On December 18, 2025, the U.S. Senate approved President Trump’s nominees, James Murphy and Scott Mayer, to serve as members on the National Labor Relations Board (Board). With the additions of Murphy and Mayer, the Board regains a quorum and can now officially act and adjudicate unfair labor practice charges and representational cases under the National Labor Relations Act (NLRA). It can also issue administrative rules and regulations for its procedures and policies, provided they are consistent with the NLRA. 

As some may recall, President Trump fired former Member Gwynne Wilcox, a Democrat appointee, leaving the Board with only two members, Marvin Kaplan and David Prouty. The Board needs three members to have a quorum and essentially function. Kaplan’s term expired this past August. The Board is now back with a quorum and will function with its two new Republican appointees (Murphy and Mayer) and one Democrat appointee (Prouty). 

Additionally, the Senate also confirmed President Trump’s nomination of Crystal Carey, to serve as the Board general counsel (GC). It is the Board’s GC who sets the enforcement agenda and prosecutes cases.

While it remains to be seen how aggressive the 2-1 Republican Board, together with GC Carey, will look to overturn the multitude of Biden-era Board precedent that continues to have a very significant impact on labor relations in the private sector, employers should expect some action that helps to bring about a more employer-friendly environment. All three of these appointments usher in heavy management-side labor law experience. 

We should expect announcements and memorandums from GC Carey sooner rather than later, particularly focused on non-compete and non-solicitation agreements, training reimbursement arrangements, confidentiality and non-disparagement obligations, and captive audience meetings. However, it takes time for the Board to actually adjudicate cases that potentially could reverse a host of pro-union decisions from the Biden era.

Be assured that Amundsen Davis LLC’s Labor & Employment Law Service Group will continue to monitor key actions and announcements by the Board and the GC, and will post updates as they unfold. For now, employers should maintain status quo and discuss any particular concerns or issues with competent traditional labor law counsel.