Former NFL quarterback Tom Brady was known for shouting, “Let’s go!” from the sidelines to rally teammates during critical game moments. Employers may soon hear a similar refrain from the National Labor Relations Board (NLRB), where a newly solidified three-member Republican majority appears poised to move decisions, process, and procedure in a more management-friendly direction.
Background
As The Bargaining Table reported here, the Board has been in flux since President Donald J. Trump returned to office. Although the Trump administration restored a 2-1 Republican majority and installed a seemingly management-friendly general counsel, the Board has honored custom by refraining from overturning controversial Biden-era precedent in the absence of a three-member Republican majority.
The game has changed - let’s go! On Friday, Aug. 7, the U.S. Senate confirmed Trump nominee James Macy to the Board for a five-year term, creating a long-awaited 3–1 Republican majority. The current Board now consists of Chair James Murphy (Republican), Scott Mayer (Republican), James Macy (Republican), and David Prouty (Democrat). Gwen Wilcox, who was a Democratic member, is unlikely to succeed with a legal challenge to her 2025 removal by Trump, based on the Supreme Court’s recent decision in Trump v. Slaughter, No. 25-332 (U.S. Jun. 29, 2026). As a result, one seat on the five-member Board remains vacant and is unlikely to be filled in the near term.
What to Expect
Employers should expect meaningful change now that the Trump administration has solidified control of the Board and secured the third vote needed to return to more traditional interpretations of labor law.
Although the Board has publicly stated that it intends to focus on clearing the significant backlog of cases pending in regional offices—and although it will take time for the Board to identify appropriate cases and overturn prior precedent—the new majority is likely to revisit several controversial Biden-era decisions. Potential targets include expanded remedies under Thryv, Inc., heightened scrutiny of handbook and workplace rules under Stericycle, Inc., and restrictions on commonplace confidentiality and non-disparagement provisions in settlement agreements under McLaren Macomb, among others.
Employers should closely monitor upcoming Board decisions and assess their risk tolerance before taking novel approaches. While Board precedent may shift quickly, core “black letter” decisions will remain intact, and public, employee, union, and business-relations considerations should continue to inform any labor-relations strategy.
The BakerHostetler Labor Relations team will continue to monitor the Board and its evolving impact on employers. In the meantime: Let’s go!
