The Senate voted 53-43 to confirm 97 Trump nominees, including Scott Mayer and James Murphy to two NLRB seats and Crystal Carey as general counsel, restoring the board's quorum after the firing of member Gwynne Wilcox left it paralyzed. The confirmations allow the NLRB to clear a backlog of hundreds of cases and position a Republican majority to revisit several Biden-era, union-friendly rulings. The changes come as the Supreme Court prepares to weigh legal questions about presidential removal powers that could affect the board and other independent agencies.
Senate Confirms Trump Nominees, Restoring NLRB Function and Paving Way To Revisit Union-Friendly Rulings
The seal of the National Labor Relations Board (NLRB) is seen at their headquarters in Washington, D.C., U.S., May 14, 2021. REUTERS/Andrew Kelly
The U.S. Senate on Thursday confirmed a slate of President Donald Trump's nominees that restored the National Labor Relations Board's ability to decide cases after months of paralysis following the unprecedented firing of an NLRB member earlier this year.
By a 53-43 party-line vote, the Republican-led Senate approved 97 nominees across the federal government, including Scott Mayer and James Murphy for two of the five seats on the NLRB. The Senate also confirmed Crystal Carey as the board's general counsel, the office that supervises union elections and prosecutes alleged unfair labor practices.
What Changed
The board had lacked the three-member quorum needed to issue decisions after President Trump removed Democrat Gwynne Wilcox in January — the first time a president had ousted an NLRB member — and a subsequent expiration of a Republican member's term left the agency with a single Democrat, David Prouty. The confirmations give Republicans a working majority that can begin issuing decisions and addressing a backlog of hundreds of stalled cases.
Immediate Impacts And What To Watch
The new Republican majority is expected to review and likely narrow several Biden-era decisions viewed as favorable to unions. Areas likely to be revisited include a 2023 ruling that in some cases lets unions represent workers even after losing an election, limits on mandatory employer anti-union meetings, and expanded monetary remedies for workers fired for protected activity.
Under long-standing NLRB practice, the board generally does not overturn precedent unless at least three members vote to do so. While President Trump has not yet named a third Republican to create a full conservative majority, Mayer and Murphy can still issue rulings that reduce the scope of recent decisions while a third GOP nominee is awaited.
Broader Legal Context
The appointments arrive amid larger legal questions about presidential removal powers for independent agencies. The U.S. Supreme Court is expected to weigh a related dispute over Trump's removal of a Federal Trade Commission member — a decision that could affect the NLRB and many other multi-member federal agencies. Gwynne Wilcox has sued over her removal; an appeals court recently ruled against her, finding that a statute shielding board members from at-will removal violated the U.S. Constitution.
Why It Matters: Restoring a functioning NLRB ends months of case gridlock and could reshape labor rules that affect millions of private-sector workers, employers and unions across the country.
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