NLRB Now Has 3-1 Republican Majority After Recent Confirmations
The NLRB now has a 3-1 Republican majority following recent confirmations.
Why it matters: This majority shift impacts labor relations enforcement and sets the stage for significant changes in labor law interpretation, affecting in-house counsel and labor litigation strategies.
- James Murphy and Scott Mayer, Republicans, were sworn in as NLRB members on January 7, 2026.
- President Trump designated James Murphy as NLRB Chairman on March 31, 2026.
- James Macy’s nomination was approved by Senate HELP Committee on July 15, 2026, securing a pivotal third Republican vote.
- Democratic member David Prouty’s term expires August 27, 2026, leaving one vacant seat on the Board.
The National Labor Relations Board (NLRB) secured a 3-1 Republican majority as of August 10, 2026, following President Trump's recent appointments and confirmations. Republicans James Murphy and Scott Mayer were sworn in as Board members on January 7, 2026, restoring the Board's quorum and enabling it to resume decision-making activities after a 2025 stalemate.
On March 31, 2026, President Trump designated James Murphy as NLRB Chairman, signaling a potential shift in the Board’s agenda and priorities. Murphy’s term runs through December 16, 2027.
The key development came with the Senate HELP Committee’s July 15, 2026 approval of James Macy’s nomination, likely providing the decisive third Republican vote required to influence Board decisions and potentially reverse prior pro-union rulings made during the previous administration. Macy’s confirmation positioned the Board to pursue precedent-shifting decisions.
Joshua Fox and Daniel H. Dorson noted that Macy’s confirmation would enable the Board to "resume precedent-shifting decision making," highlighting the significance for labor law enforcement. Meanwhile, the Democratic member David Prouty’s term is set to expire on August 27, 2026, which will leave one vacant seat on the Board.
Employers and in-house counsel should closely monitor signals from Chairman Murphy’s agenda and case prioritization to anticipate how labor relations enforcement and statutory interpretations may evolve. This new majority could affect ongoing and future labor litigation strategies significantly.
For more detailed context on this shift, see the National Law Review analysis and the Labor Relations Update commentary.
By the numbers:
- 3-1 — Republican majority on the NLRB as of August 10, 2026
- December 16, 2027 — Expiration of James Murphy’s NLRB term
- August 27, 2026 — Expiration of Democratic member David Prouty’s term
Yes, but: One seat on the Board remains vacant following David Prouty’s upcoming term expiration, potentially affecting the full composition going forward.
What's next: The NLRB will watch for a nomination to fill the vacant seat after August 27, 2026, which could further impact the Board’s balance and decision-making.