The National Labor Relations Board (NLRB), the entity responsible for deciding cases brought under the National Labor Relations Act and reviewing decisions by lower-level administrative law judges, has been without a quorum since the beginning of this year. The NLRB is a quasi-judicial body that can have up to five members but needs at least three to establish a quorum in order to issue new decisions and to overturn decisions and priorities established by the prior administration.   

The NLRB is expected to regain a quorum in the near future. On Friday, July 17, 2025, the White House announced the nominations of Scott Mayer and James J. Murphy to the NLRB. Both nominees bring a wide breadth of knowledge in labor relations. Mayer has primarily held in-house labor counsel positions and currently serves as Boeing’s chief labor counsel. Murphy similarly possesses extensive experience in labor law and most recently acted as chief counsel to the present NLRB chair, Marvin Kaplan.

If confirmed, nominees Mayer and Murphy will join the current board members, Marvin Kaplan and David Prouty. Mayer’s term would extend to December 2029 and Murphy would serve until December 2027.   

A quorum will be restored once at least one nominee is confirmed by the United States Senate, though both are expected to be approved. The schedule for a possible Senate confirmation has not yet been determined. Both nominees are expected to advocate for stronger management-side protections and issue more employer-friendly decisions compared to the prior Board. 

The attorneys at Porter Wright Morris & Arthur LLP regularly advise employers dealing with labor disputes and represent employers in disputes before the National Labor Relations Board. If you have any questions or need assistance, please reach out.