The NLRB is back in business

On January 7, James Murphy and Scott Mayer, both Republicans, were sworn in as new NLRB members, joining Democrat member David Prouty and providing the three-person quorum that the Board requires for conducting official business.

Murphy, of Maryland, will serve the remainder of a five-year term that expires December 16, 2027.  Murphy is a Board “lifer,” starting his career there more than 47 years ago as a student intern, then serving as legal counsel for many Board members through the years. 

Mayer, of Pennsylvania, was Chief Labor Counsel for The Boeing Company and fills an unexpired five-year term that ends December 16, 2029.  He held senior legal positions at a number of large companies and practiced law at Morgan, Lewis & Bockiuss LLP and Blank Rome LLP. 

With a quorum now in place, expect the Board to aggressively undo case law and Board directives from the prior Biden Board.  From early in 2025 on, the Board signaled its intent to return to a more business-friendly approach to labor law.

For example, in February 2025 the acting general counsel issued memo GC 25-05 to all field offices rescinding guidance memos from past General Counsel Jennifer Abruzzo.  Rescinded memos included:

1)    GC 21-06 and GC 21-07 instructing the regions to pursue “new and alternative” remedies for violations of the NLRA;

2)    GC 21-08 on student athlete rights, instructing that nothing in the NLRA precludes a finding that collegiate athletes can be covered by the Act;  

3)    GC 23-05 on severance agreements;

4)    GC 23-08 and GC 25-01 on non-compete agreements; and

5)    GC 24-01 rescinding guidance on the Cemex Construction Materials Pacific, LLC case.

MARC is not just a theoretical, academic exercise that supervisors quickly discard or forget.  MARC training is operational, boots-on-the-ground, from facilitators who have lived long careers in the trenches of labor relations.  The MARC manual is a comprehensive reference tool that great managers use more than any other resource. 

Make 2026 your year to ascend to labor-management greatness

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Or Call Gary Kleckner, Vice President at 216-963-7223.