The White House has nominated two additional members to the National Labor Relations Board, in a move that should help the Board operate in full capacity soon after it has lacked a quorum for most of this year.
The Board – which oversees most private sector union-related matters in the U.S. – requires a three-member quorum to issue decisions in union representation and unfair labor practice cases. In January, Member Gwynne Wilcox was removed from her position, leaving just two members on the Board. This caused many to challenge the Board’s authority to render a wide range of decisions.
On July 17, 2025, the Trump Administration nominated Scott Mayer and James Murphy to fill the two open Republican seats. Mr. Mayer is Chief Labor Counsel for a large company in the aviation manufacturing industry, and Mr. Murphy has spent most of his career serving with the Board. If the nominees are approved by the Senate, the Board will operate under a GOP majority. That majority may soon shrink though as the term of Chairman Marvin E. Kaplan is set to expire on August 27, 2025.
The Senate has also made recent progress in filling the role of General Counsel for the Board. The General Counsel effectively serves as the Board’s chief prosector, and also oversees Board regional offices. This week, the Senate Health, Education, Labor and Pensions (HELP) Committee reviewed the nomination of Crystal Carey for that position. Ms. Carey‘s nomination still needs to clear hurdles before she is appointed, however. In the interim, William B. Cowen continues to serve as the Board’s Acting General Counsel.