President Trump Sends Bipartisan NLRB Nominees To Senate As August Quorum Deadline Looms

On April 13, President Trump nominated Republican James Macy and Democrat David Prouty to serve on the National Labor Relations Board. Unless the Senate confirms them before August 27, the Board will lose its quorum when Prouty’s current term expires. By nominating one Democrat and one Republican, the Administration may increase the chances of a bipartisan Senate deal to expedite confirmation. Prouty...

President Trump Designates James Murphy As Chairman Of The National Labor Relations Board

President Trump has designated NLRB Member James Murphy to serve as the agency’s Chairman. Murphy was sworn in as a member in January. Before that, he spent decades at the agency as a lawyer, including as counsel to multiple Board Members. The Board currently has three Members: Murphy and Scott Mayer (Republicans) and David Prouty (a Democrat). Two seats remain vacant. The...

Court Reminds Employers That Seniority Systems Don’t Automatically Bar Religious Accommodations

A collectively bargained seniority system does not automatically prevent an employer from granting a Title VII religious accommodation request, especially where the agreement or past scheduling practices allow flexibility, a recent federal court decision reminded employers and unions. In De Souza v. New York, the court declined to dismiss an employee’s religious accommodation claims against a public-sector employer and union arising...

NLRB Judge Flags Broad Confidentiality Policy As Unlawful Under Current Labor Law Standard

Honeywell International violated federal labor law by requiring employees to sign an overly broad confidentiality agreement as a condition of employment, an NLRB Administrative Law Judge ruled March 10. Applying the Board’s Stericycle standard, the ALJ found that the policy could reasonably discourage employees from discussing workplace issues — such as pay, benefits, or coworker information — even though the policy did...

Sixth Circuit Rejects NLRB Standard That Made Union Recognition Without an Election More Likely

A federal appeals court ruled that the National Labor Relations Board exceeded its authority when it used its adjudicatory power to change the rules governing bargaining orders. In Brown-Forman Corp. v. NLRB, the Sixth Circuit rejected the NLRB’s Cemex framework, which increased the likelihood that employers would be ordered to recognize a union based on authorization cards rather than a secret ballot election....

Quorum To Be Restored At National Labor Relations Board After U.S. Senate Confirms Key Nominees

The National Labor Relations Board will have a quorum for the first time since January 2025 after the Senate confirmed several of President Trump’s nominees to workplace regulation agencies. On December 19, 2025, the U.S. Senate voted to confirm several nominees, including: James Murphy to a term as an NLRB member until 2027 Scott Mayer to a term as an...

Courts Split On NLRB’s Power To Impose Expanded Labor Violation Remedies On Employers

Federal appeals courts are increasingly divided as to whether the NLRB can make employers pay for indirect, but foreseeable, costs (“expanded remedies”) resulting from labor law violations. The issue stems from Thryv, a 2022 NLRB decision that expanded the Board’s remedies beyond traditional job reinstatement, back pay, and other direct costs. Thryv allows the NLRB to compel employers to pay...

NLRB’s Structure Likely Unconstitutional, Fifth Circuit Rules, Affirming Ban on SpaceX Prosecution

The National Labor Relations Board remains barred from bringing unfair labor practice cases against SpaceX, Energy Transfer, and Findhelp after a federal appeals court affirmed a lower court’s preliminary injunctions pausing such prosecutions. On August 19, in Space Exploration Technologies Corp. v. NLRB, the U.S. Court of Appeals for the Fifth Circuit found that the injunction is warranted because the agency’s...