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Trump moves to restore quorum on National Labor Relations Board

7/23/25

By: Sunshine R. Fellows

President Donald J. Trump has formally nominated Scott Mayer and James Murphy to fill the two vacant Republican seats on the National Labor Relations Board (“NLRB”), sending their names to the U.S. Senate for confirmation. These nominations follow an unprecedented move earlier this year when Trump removed Democratic board member Gwynne Wilcox, a firing that has triggered ongoing legal battles.

Nominees at a glance:

Scott Mayer: Currently Boeing’s chief labor counsel, Mayer has extensive experience on the management side, including roles at InterContinental Hotels, MGM Resorts and Aramark. His term, if confirmed, would run through December 16, 2029.

James Murphy: A seasoned NLRB career attorney, Murphy has been a law clerk since 1974 and most recently has served as Chief Counsel to Acting Chair Marvin Kaplan. His term would extend to December 16, 2027.

Why this matters:

The NLRB has lacked its required three-member quorum since January, following Wilcox’s removal, leaving it unable to issue rulings or enforce hundreds of pending labor cases. If confirmed, Mayer and Murphy would join current Republican Chair Marvin Kaplan (term expiring August 27, 2025) and Democratic member Dave Prouty, restoring the Board to a Republican-majority quorum.

A functioning Board could soon revisit several Biden-era employee-friendly decisions such as limits on captive-audience anti-union meetings and expansions of union election procedures, and potentially reverse them.

Legal and political context:

The Supreme Court has allowed Wilcox’s firing to stand temporarily while legal appeals continue keeping the Board stalled.

Critics, including labor unions like the Communications Workers of America, are raising alarms calling the nominations part of an “anti-worker” agenda and urging Congress to await the resolution of Wilcox’s lawsuit before confirming new appointees.

What’s next:

Both Mayer and Murphy must be confirmed by the full Senate, likely after Senate HELP Committee action. With Chair Kaplan’s term ending in late August, timing is tight. A potential confirmation window exists before a Board reshuffling might follow.

Overall, Trump’s latest move seeks to revive a stalled NLRB, shifting its ideological composition toward the management side and setting the stage for a broader rollback of worker-friendly policies. With the Senate’s timetable and court rulings still in flux, all eyes will be on Washington in the coming weeks.

For more information, please contact Sunshine Fellows at sunshine.fellows@fmglaw.com or your local FMG attorney. 

Information conveyed herein should not be construed as legal advice or represent any specific or binding policy or procedure of any organization. Information provided is for educational purposes only. These materials are written in a general format and not intended to be advice applicable to any specific circumstance. Legal opinions may vary when based on subtle factual distinctions. All rights reserved. No part of this presentation may be reproduced, published or posted without the written permission of Freeman Mathis & Gary, LLP.