Clouds Lifted Over NLRB’s Future as President Trump Names Two Nominees

July 17, 2025

By: Gaetano Urgo, Davis & Campbell L.L.C.

Early Thursday morning, President Trump announced two new nominations to the National Labor Relations Board. By nominating Scott Mayer and James Murphy, President Trump has taken his first steps at reshaping the Board since he terminated Board Member Wilcox shortly after he took office back in January. This move will provide the Board with its necessary quorum and allow it to resume issuing binding decisions that both enforce and shape federal labor law.

Recent Makeup of the Board

When President Trump first took office, the Board was comprised of three out of five members. Rather than filling one of the available seats with a Republican member to even the composition of the Board, President Trump made the unprecedented decision to fire Board Member Wilcox. This termination was immediately challenged as unlawful, but with no immediate resolution in sight the Board was left with only two active members.

In order to issue decisions, the Board needs a quorum of three members. As such, since the firing of Member Wilcox the Board has been toothless and unable to properly function. This firing, coupled with the lack of nominations by President Trump and the various lawsuits swirling around the constitutionality of the Board, left the future of the Agency uncertain.

Where Things Stand Now

After these two nominations, we have a much clearer picture of where the Board is headed. As President Trump nominees, both Scott Mayer and James Murphy are expected to shift the Board towards the right after years of being comprised of a Democratic majority under President Biden. In theory, this should result in more employer-friendly decisions in the future. Nominee Mayer has had a career serving as labor counsel for several major companies and working for premier management-side firms, while Murphy is a life-long NLRB attorney who recently served as Member Chair Kaplan’s chief counsel.

What’s Next

After months of inactivity, the Board will soon finally be able to resume issuing decisions. Once the nominees are approved by the Senate, the Board will be comprised of at least three members: David Prouty, Scott Mayer and James Murphy. This will leave the Board with at least a 2:1 Republican majority. The term for current Member Chair Marvin Kaplan (Republican) expires at the end of August and he has not yet been renominated. If he is renominated, then that would put the Republican majority at 3:1, pending the outcome of the litigation relating to Member Wilcox’s termination. Most importantly, this will give the Board its long-awaited quorum and finally allow for litigation over federal labor law to continue.

If you have any questions about the effect of these nominations or how federal labor law applies to your business, please contact one of our labor and employment attorneys at Davis & Campbell at (309) 673-1681 (Peoria), (312) 995-7110 (Chicago), or (520) 677-7401 (Phoenix).