On April 13, 2026, President Donald Trump nominated longtime labor attorney James Macy to the National Labor Relations Board (NLRB). If confirmed, his appointment would give Republican appointees a 3–1 majority on the Board—an important development that could influence the direction of federal labor law.
The significance for employers is real, but the impact will not be immediate. As with most changes at the NLRB, any shift in doctrine will depend on confirmation timing, case selection, and how the Board chooses to exercise its authority.
Who Is James Macy?
James Macy is a career management-side labor lawyer. He currently serves as the Director of the Office of Workers’ Compensation Programs, having joined the U.S. Department of Labor as Acting Administrator of the Wage and Hour Division in 2025. Previously, he spent more than 40 years in private practice, most recently with von Briesen & Roper in Oshkosh, Wisconsin.
Macy is a summa cum laude graduate of the University of Wisconsin-La Crosse. He received his law degree from the University of Wisconsin-Madison.
Macy’s background suggests a practical, employer-focused perspective. Unlike some prior nominees, he does not come from an academic or policy-driven background, but from decades of direct experience advising management in real-world situations.
Why This Seat Matters
Although the NLRB has five seats, it typically requires three aligned members to revisit and overturn prior precedent. For much of the past year, the Board has not had a sufficient majority to make those kinds of changes. Macy’s confirmation would likely provide that third vote. In practical terms, that would give the Board the ability to reconsider a number of consequential decisions issued under the prior administration.
In addition, NLRB Board member David Prouty‘s term expires in August 2026. Without a new member confirmation, the Board would lose its quorum entirely at that time.
What Could Change
If a Republican majority is established, the Board is expected to revisit several areas that have been particularly active in recent years. These include the standards governing workplace policies and employee handbooks, the rules surrounding union organizing and elections, and the classification of workers as employees or independent contractors.
The Board may also reconsider recent restrictions on employer communications during organizing campaigns, as well as the expansion of remedies in unfair labor practice cases.
Timing and Practical Reality
Even with a new majority, change will take time. The Senate must confirm the nomination, and the Board primarily revisits precedent through cases that come before it. However, some changes could also come through notice-and-comment rulemaking.
For these reasons, employers should expect a gradual evolution rather than an immediate reversal of existing law.
At this stage, the most important point is that the law itself has not changed. Employers should continue to operate with knowledge of current NLRB standards and the advice of experienced labor attorneys.
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