New NLRB Majority May Revisit Biden-Era Labor Decisions
The National Labor Relations Board (NLRB) may revisit several labor law decisions that expanded employee and union protections during the Biden administration. Following recent Senate confirmations, the board now has the votes necessary to reconsider existing precedent.
For employers, the confirmations may mark the beginning of another significant transition in federal labor law.
A New Majority at the NLRB
On Aug. 7, the Senate confirmed James Macy to a vacant board seat and reconfirmed incumbent Board Member David Prouty for a second term. Macy joins Chair James Murphy and Board Member Scott Mayer, creating a three-member Republican majority on the five-member board and giving the agency the votes needed to reconsider recent decisions. Macy moves to the board after leading the DOL's Office of Workers' Compensation Programs, which he joined in 2025.
Biden-Era Labor Rulings Could Face New Scrutiny
Over the last several years, the board issued a series of decisions that generally strengthened employee and union rights while limiting certain employer practices. Those decisions addressed a wide range of workplace issues, including union organizing campaigns, employer workplace rules, bargaining obligations, and protected employee activity. Many employers viewed those rulings as part of a broader shift toward a more labor-friendly interpretation of the National Labor Relations Act.
Until now, the board lacked the votes needed to meaningfully reconsider that precedent. Although the agency regained a quorum in December 2025, board members reportedly followed the longstanding practice of not overturning existing board law without the support of at least three members. Macy's confirmation clears that hurdle and gives the board a realistic opportunity to revisit prior decisions as new cases reach the agency.
Future Cases Will Shape the Board's Direction
That does not mean existing law changes overnight. Any shift in policy will occur through future board decisions, and the agency reportedly faces a significant backlog of pending cases. Nevertheless, employers should watch for challenges to recent precedent and decisions that provide insight into how aggressively the board intends to revisit prior rulings.
Businesses with unionized workforces, active organizing efforts, or labor-relations concerns should monitor developments closely. New board decisions could affect workplace policies, organizing campaigns, bargaining obligations, and other labor relations issues.
Contact Camille Broussard or any member of the Phelps labor and employment team with questions.
