National Labor Relations Board seal symbolizing the restored NLRB quorum and renewed enforcement authority

Confirmations are in, the Board is operational, and employers need to move before precedent resets.

The National Labor Relations Board is no longer in limbo. With the Senate’s confirmation of President Trump’s nominees—Crystal Carey as General Counsel and Scott Mayer and James Murphy as Board Members—the NLRB has regained a quorum and the authority to issue decisions that will shape labor law going forward.

At the same time, recent court rulings have strengthened presidential authority over independent agencies, resolving much of the uncertainty surrounding Board composition. The result is clarity—and momentum—now that the NLRB quorum has been restored.

This matters because the enforcement posture of the NLRB is already shifting. Even before confirmation, the Acting General Counsel rescinded a wide range of Biden-era guidance memos that had fueled aggressive, union-favorable theories. With a confirmed General Counsel and a functioning Board, policy changes are likely to accelerate.

For employers, this creates a narrow but meaningful window. The pause is over, but the new direction has not fully settled. Those who act now can position themselves ahead of the next wave of decisions.

1

Audit Employee Relations Hotspots

Do not assume silence equals satisfaction. Review turnover trends, exit interviews, engagement feedback, and discipline patterns. Repeated complaints around pay fairness, scheduling, workload, or favoritism are organizing fuel. Fixing them now removes leverage later.

Audit Employee Relations Hotspots

Do not assume silence equals satisfaction. Review turnover trends, exit interviews, engagement feedback, and discipline patterns. Repeated complaints around pay fairness, scheduling, workload, or favoritism are organizing fuel. Fixing them now removes leverage later.

2

Train Supervisors on Early Union Signals

Most unfair labor practice cases begin with a supervisor mistake. Train frontline leaders to recognize early signs of organizing—group complaints, new informal leaders, sudden policy challenges—and to respond lawfully. Clear escalation protocols matter more than ever.

Train Supervisors on Early Union Signals

Most unfair labor practice cases begin with a supervisor mistake. Train frontline leaders to recognize early signs of organizing—group complaints, new informal leaders, sudden policy challenges—and to respond lawfully. Clear escalation protocols matter more than ever.

3

Tighten and Update Workplace Policies

Solicitation, distribution, attendance, social media, and discipline policies remain frequent flashpoints. Ensure your rules are current, clearly written, and consistently enforced. Inconsistent enforcement is often more damaging than a bad rule.

Tighten and Update Workplace Policies

Solicitation, distribution, attendance, social media, and discipline policies remain frequent flashpoints. Ensure your rules are current, clearly written, and consistently enforced. Inconsistent enforcement is often more damaging than a bad rule.

Bottom Line

The Board is back. The General Counsel is confirmed. The enforcement environment is changing—but it has not fully crystallized yet. Employers who use this moment to strengthen employee relations, train leaders, and clean up policies will be far better positioned when the NLRB begins moving cases and setting precedent again.