🎯 Trump’s NLRB Picks Could Change the Rules for Many Workplaces

President Trump has nominated Scott Mayer and James Murphy to serve on the National Labor Relations Board (NLRB). If the Senate confirms them, it would give the Board a quorum—enough members to start issuing decisions again—and likely shift the Board’s direction to more pro-employer outcomes.

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TL;DR: Trump just nominated two Republicans to the NLRB. If confirmed, they’ll give the Board the green light to start working—and, as generally happens under a Republican administration, they’re expected to roll back several union-friendly rulings from the Biden era.

👉 Read the nomination notice

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👤 Meet the Nominees

• Scott Mayer is currently chief labor counsel at Boeing. He has represented large companies—including InterContinental Hotels, MGM Resorts, and Aramark—in labor and employment matters over the course of his career.
• James Murphy is a longtime NLRB attorney who began his career as a law clerk in 1974 and has served as chief counsel to multiple Board members, including Acting Chair Marvin Kaplan and other Republican appointees.

⚠️ Why the NLRB Has Been Stuck

Since January 2025, the Board hasn’t had enough members to function. That’s because President Trump removed Democratic member Gwynne Wilcox, leaving just two people on the five-member panel. Without at least three members, the Board cannot decide unfair labor practice cases, establish new precedents, or engage in rulemaking.

If Mayer and Murphy are confirmed, the Board will regain decision-making power—with a 3–1 Republican majority that can implement the administration’s approach to labor policy.

🔁 Rules That Could Change

1. Union Recognition Without Elections (Cemex decision)

In Cemex, the Board created a process where, if workers show majority support for a union and the employer refuses recognition, the employer must request a government-run election. If the employer commits any unfair labor practices during that process, the Board can skip the election and require the employer to bargain with the union.

A Republican-led Board may reverse or narrow this standard.

2. Employee Handbooks and Company Rules (Stericycle decision)

In Stericycle, the Board adopted a new standard for evaluating workplace rules. If a policy—like a civility or social media rule—could reasonably be seen as discouraging employees from organizing or speaking out about work, it’s presumed unlawful. Employers must prove that the rule serves a legitimate business need and is written as narrowly as possible.

A Republican majority may bring back the prior, more employer-friendly approach.

3. Mandatory Anti-Union Meetings

The Biden-era Board signaled that it wanted to limit “captive audience” meetings—mandatory sessions where employers explain their views on unions. A Republican-controlled Board may abandon that effort and allow more employer speech during union campaigns.

✅ Bottom Line for Employers

It’s common for the NLRB’s rules and priorities to change when a new president takes office. When the Board has a Republican majority—as it generally does under a Republican administration—it tends to take a more employer-friendly approach.

If Mayer and Murphy are confirmed, the Board will regain a quorum and likely move to roll back key Biden-era rulings on union organizing, workplace policies, and employer speech.

The rules of the workplace may be about to change—again.