UPDATE: On December 3, 2025, the Senate Health, Education, Labor and Pensions (“HELP”) Committee approved President Trump’s nomination of Scott Mayer to fill one of the vacant Republican seats on the National Labor Relations Board (“NLRB” or the “Board”).  Almost two months ago, on October 9, the HELP Committee also approved President Trump nominees James Murphy, to fill the other vacant Republican Board seat, and Crystal Carey, to serve as the NLRB’s General Counsel. Mayer’s nomination had been previously tabled immediately before the HELP Committee’s October vote amidst an ongoing labor dispute at Boeing where he serves as Chief Labor Counsel. 

All three nominees now await a Senate confirmation vote.  The confirmation votes on Murphy’s and Carey’s nominations appear imminent after a December 1, resolution moving forward several nominees, including Murphy and Carey. However, absent an amendment to the resolution soon, Mayer’s nomination will have to wait for a later confirmation vote.  In turn, the NLRB will continue to lack a quorum  regardless of the outcome of Murphy’s confirmation vote.

We will continue to track the NLRB nominees and other developments at the Board.

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July 18, 2025 – Although the National Labor Relations Board (NLRB) has operated for most of this year without a quorum and thus unable to issue decisions, that could soon change.  President Trump nominated Scott Mayer (chief labor counsel at Boeing Co.) and James Murphy (former NLRB attorney) to fill two vacant Republican seats on the NLRB, potentially restoring the Board’s ability to issue decisions. 

Mayer’s work experience demonstrates a strong management background, having worked at InterContinental Hotels Group, MGM Resorts International, Aramark, and several law firms prior to his current role at Boeing.  Meanwhile, Murphy was selected by Kaplan to serve as his chief counsel in 2017 and has spent his career at the Board, having served as staff counsel or supervisor on the staffs of dozens of Board members.

The nominations come after months of gridlock due to the President’s unprecedented and controversial firing of Democratic member Gwynne Wilcox in January (reported here).  While Wilcox’s firing dropped the Board below the three-member quorum threshold, the Supreme Court nonetheless blocked a lower court’s order to reinstate Wilcox (reported here). Litigation is ongoing.

The timing of potential Senate confirmation is unknown and could take months.  It appears that Mayer’s and Murphy’s nominations are designed to ensure the Board reaches a Republican-majority quorum at some point this year, especially with the impending expiration of Chair Marvin Kaplan’s term on August 27, 2025.  President Trump could renominate Chair Kaplan, or he can decide not to fill his seat.  Either way, if Mayer and Murphy are confirmed, then there will be at least a 2-1 Republican majority at the NLRB for the foreseeable future.  That is, unless the Supreme Court orders the reinstatement of fired NLRB-member Wilcox.

There are a number of variables at play, but the prolonged period of the NLRB operating without a quorum–and the backlog of cases that has developed as a result–may soon be ending.  Precisely when that occurs, and for how long, remains unclear.  We will continue to monitor these key developments at the NLRB.