Overview
- On Dec. 18, the Senate voted 53–43 to confirm James Murphy and Scott Mayer to the NLRB and Crystal Carey as General Counsel, ending an almost year‑long quorum lapse.
- With two Republican appointees and one Democratic member (David Prouty), the Board can resume issuing decisions, resolving election disputes, and moving a sizeable backlog.
- Carey will direct prosecutorial priorities and case selection, with observers expecting early guidance on issues such as noncompetes, captive‑audience meetings, and confidentiality and non‑disparagement clauses.
- Analysts anticipate case‑by‑case reassessment of Biden‑era precedents touching union recognition (e.g., Cemex), workplace rules (e.g., Stericycle), remedies (e.g., Thryv), and severance provisions (e.g., McLaren Macomb).
- Major doctrinal shifts are likely to unfold gradually because significant reversals typically require three Board votes, and the recent D.C. Circuit ruling upholding Gwynne Wilcox’s removal frames the legal backdrop.