Trump Nominates Two NLRB Members Amid Court Battle Over Wilcox







Restoring NLRB quorum impacts federal labor relations.

Introduction

## What Is Happening With The NLRB Nominations. President Donald Trump has nominated two new members to the National Labor Relations Board, James Murphy and Scott Mayer. This move is critical because it aims to restore a quorum to the NLRB, which has been functioning with reduced membership due to legal battles over prior members. A full quorum is essential for the board to make binding decisions on labor relations matters. If confirmed by Congress, Murphy’s term will run until December 16, 2027, and Mayer’s until December 16,

2029. These appointments follow Trump’s earlier selection of Marvin Kaplan as NLRB chair with a term ending August 27, 2025.

## Why Were These Nominations Necessary Right Now. The nominations come after a prolonged court dispute involving former Democratic board member Gwynne Wilcox. Wilcox was removed from the NLRB shortly after President Trump took office, which sparked controversy and legal challenges. Congressional Democrats described the firing as unprecedented and a violation of the National Labor Relations Act, which only allows removal for malfeasance or neglect of duty—and only after notice and a hearing. The back-and – forth court rulings have left the NLRB without a full quorum, limiting its ability to function effectively. These new nominations aim to end that deadlock. ## What Was The Legal Battle About Gwynne Wilcox. Wilcox’s firing led to the lawsuit Wilcox v. Trump, where she argued her removal was illegal. A federal judge, Beryl Howell, called Trump’s firing a “power grab” and reinstated Wilcox on March 6,

2025. However, the legal battle continued as both sides sought expedited decisions on whether court orders reinstating Wilcox should be stayed. The D. C. Circuit Court briefly restored the NLRB’s quorum but the U. S. Supreme Court later paused court orders requiring Wilcox’s return. This legal uncertainty has directly impacted the board’s ability to operate at full strength.

How Does Restoring The NLRB Quorum Impact Labor Relations

Restoring the quorum is crucial because the NLRB oversees and enforces federal labor laws affecting over 10 million private-sector workers, according to the U. S. Department of Labor. Without a quorum, the board cannot issue final decisions on union elections, unfair labor practices, or collective bargaining disputes. This delays resolutions and creates uncertainty for both employers and employees. A fully functional board enables more efficient handling of cases—statistically, the NLRB resolves over 5, 000 cases annually, which shapes the U. S. labor landscape. ## What Are The Terms For The New Members And Chair. James Murphy’s term would end on December 16, 2027, giving him a 3-year tenure from

2025. Scott Mayer’s term extends to December 16, 2029, offering a longer 5-year span. Meanwhile, Marvin Kaplan, already appointed as NLRB chair via executive order in January 2025, serves until August 27,

2025. These staggered terms ensure continuity and experience on the board while allowing for presidential appointments to influence labor policy. The terms align with the statutory five-year term length for NLRB board members.

Restoring NLRB quorum impacts federal labor relations.

What Should

What Should Congress Consider When Reviewing These Nominations. Congress must weigh the nominees’ qualifications and the political implications of restoring the NLRB quorum. Given the board’s significant role in shaping labor policy, members’ ideological stances influence decisions on union rights and employer obligations. Historically, NLRB rulings can swing based on board composition; for example, during the Obama administration, the board’s decisions favored labor unions, while the Trump-appointed members have tended to support employer interests. Data shows that union election petitions dropped by 8% during the 2020-2024 period under a more employer-friendly board. Congress’s approval will set the labor policy trajectory for years.

What The

What Is The Bigger Picture For Labor Policy Under President Trump. With Donald Trump back in office as of November 2024, these nominations signal a continuation of his administration’s approach to labor relations—favoring deregulation and business-friendly policies. The NLRB, with its restored quorum, will likely issue rulings that reflect this outlook. Since the board adjudicates over 5, 000 cases annually, its composition directly affects millions of workers and employers nationwide. This can impact union organizing efforts, collective bargaining agreements, and workplace dispute resolutions for years to come. Understanding this context empowers stakeholders to anticipate changes and prepare accordingly.

How Can

How Can Workers And Employers Prepare For Changes At The NLRB. Knowing that the NLRB is on track to regain a full quorum means both workers and employers should stay informed about potential shifts in labor law enforcement. Workers’ advocates may need to adjust strategies as the board’s stance evolves, while employers should review compliance policies to align with new rulings. Monitoring the board’s decisions is crucial because in recent years, NLRB rulings have affected over 350, 000 employees annually in union election cases alone. Staying proactive and engaged with labor law developments will help both sides navigate the changing landscape confidently.

Workers and employers prepare for NLRB changes update.

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