On July 17, 2025, President Trump submitted the nominations of Scott Mayer, Boeing’s chief labor counsel, and James Murphy, a veteran NLRB attorney, to fill the two Republican vacancies on the National Labor Relations Board. These 2025 NLRB Board nominations represent the next step toward re-establishing a functioning Board after a prolonged standoff that began in January.

The Removal of Gwynne Wilcox

In a rare and consequential move, President Trump removed Democratic Member Gwynne Wilcox on January 27, 2025, despite her term being set to run through August 2028. Notably, no allegations of misconduct or neglect of duty accompanied her dismissal. Wilcox quickly filed suit, citing the National Labor Relations Act’s explicit requirement that a Board member may only be removed for cause—specifically, neglect of duty or malfeasance.

A federal district court sided with Wilcox in March, ordering her reinstatement. But that decision was stayed—first by the D.C. Circuit and then by the U.S. Supreme Court in May, effectively allowing the removal to stand for the time being. The legal battle remains active and may ultimately prompt the Court to revisit long-standing precedent that limits presidential authority to remove members of independent agencies.

Frozen in Limbo

Since Wilcox’s removal, the NLRB has operated with only two sitting members—Republican Chairman Marvin Kaplan and Democrat David Prouty—leaving it without the three-member quorum required to issue decisions or take formal action. As a result, hundreds of pending matters, from unfair labor practice charges to union election petitions, have ground to a halt. While pro-labor rulings from the Biden era remain in effect, the current Board lacks the quorum necessary to issue new decisions or revisit those precedents.

Meet the First 2025 NLRB Board Member Nominees

Scott Mayer: A Corporate Counsel with Management Credibility

Scott Mayer currently serves as chief labor and employment counsel at Boeing, one of the world’s largest aerospace manufacturers and a frequent player in high-stakes labor relations. Mayer has spent much of his career advising corporate leadership on collective bargaining strategy, managing labor disputes, and responding to union organizing efforts across Boeing’s nationwide facilities. His public record includes involvement in some of the most contentious labor negotiations in the private sector, including disputes involving the International Association of Machinists and the SPEEA engineers’ union.

Prior to joining Boeing, Mayer worked in private practice representing employers in labor and employment matters. He is regarded as a strategic thinker with a deep understanding of the National Labor Relations Act and a clear preference for traditional, employer-focused interpretations of Board precedent. While not as publicly outspoken as some prior nominees, his record reflects a consistent orientation toward limiting the reach of union-friendly doctrines and maintaining management flexibility in workforce decisions.

If confirmed, Mayer would likely favor curbing Board deference to union access, narrowing the definition of protected concerted activity, and restoring business-friendly case law on discipline, surveillance, and employer speech rights.

James Murphy: The Institutional Insider

In contrast to Mayer’s corporate pedigree, James Murphy brings an insider’s grasp of Board operations after five decades of government service. A career attorney at the NLRB, Murphy has advised both Republican and Democratic-led Boards over the years, contributing to the General Counsel’s office and supporting enforcement in regional investigations and appellate litigation.

Murphy is respected among practitioners as a procedural expert who knows the internal workings of the agency better than almost anyone. Though not publicly outspoken, his long tenure has made him a stabilizing figure within the institution. Republicans likely view Murphy as a safe pick to provide continuity and procedural discipline while still aligning with conservative views on the limits of Board power.

His experience also makes him an ideal candidate to help unwind recent doctrinal shifts and reassert the Board’s more traditional enforcement approach, particularly in the wake of regulatory and decisional experimentation during the Biden years.

What Confirmation of Mayer and Murphy Would Mean

Confirmation of Mayer and Murphy would immediately restore the Board’s quorum and give Republicans a 3–2 majority. Mayer’s term would run into 2029, and Murphy’s into 2027, solidifying a longer-term shift in the Board’s ideological direction.

With a new Republican majority in place, the Board could quickly revisit and reverse several high-profile decisions issued in recent years. Potential areas for change include:

• Narrowing the definition of “joint employer”

• Reversing rules limiting employers’ ability to hold mandatory meetings opposing unionization

• Redefining what constitutes protected concerted activity under the National Labor Relations Act

• Relaxing restrictions on employee handbooks and workplace policies

For employers and management-side counsel, these changes would represent a significant shift from the Board’s recent trajectory and a return to more traditional interpretations of the Act.

A Time Pressure Scenario

Chairman Kaplan’s term is set to expire on August 27, 2025, and he has not been nominated for reappointment. This creates a time-sensitive dynamic for the confirmation process for these 2025 NLRB nominations. If Mayer and Murphy are confirmed before Kaplan’s term expires, the Board will immediately regain quorum and a Republican majority. If confirmation is delayed until after Kaplan steps down, Prouty, a Democrat, could temporarily become the only Board member and de facto chair. Without quorum, his authority would be limited. Nonetheless, it would present a politically awkward scenario under a Republican administration.

Why Employers Should Pay Attention to These 2025 NLRB Nominations

The outcome of this series of events will shape the labor law landscape for years to come. Employers should closely monitor both the confirmation timeline and the ongoing litigation over Wilcox’s removal. If the Supreme Court ultimately rules in Trump’s favor, it could fundamentally alter the degree of independence enjoyed by administrative agencies.

Trump’s first 2025 NLRB Board Member nominations are more than mere personnel decisions. They are a calculated move to reclaim control of the NLRB ahead of Kaplan’s impending departure. If Mayer and Murphy are confirmed, the Board will resume its decision-making authority with a Republican majority. Until then, labor-friendly precedents remain the controlling administrative interpretation of many aspects of the NLRA. And hanging over it all is the unresolved question of whether a president can lawfully remove a sitting NLRB member without cause—a constitutional showdown that may soon reach its climax.

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