On December 18, 2025, the U.S. Senate confirmed several key appointments to the National Labor Relations Board (NLRB), restoring its quorum after nearly eleven months of inactivity. The Senate approved member nominees Scott Mayer and James Murphy to fill vacancies left by former members Lauren McFerran and John F. Ring, whose terms have expired. In addition, Crystal Carey was confirmed as the new NLRB General Counsel, succeeding Jennifer Abruzzo. The confirmations, which passed by a 53-43 vote, mark a significant development for the Trump administration’s labor policy agenda.
The NLRB has been unable to issue decisions since President Donald Trump removed Democratic appointee Gwynne Wilcox shortly after taking office. This removal was recently upheld by the U.S. Court of Appeals for the District of Columbia Circuit on December 5, 2025, which found that statutory “for-cause” removal protections for NLRB members unconstitutional. With only David M. Prouty remaining on the board following Marvin Kaplan’s departure in August, the agency has faced a mounting backlog of cases and uncertainty regarding labor policy direction.
The newly confirmed board members bring a wealth of experience to the NLRB. Scott Mayer previously served as chief labor counsel at Boeing Co. and has held corporate labor attorney roles at MGM Resorts International, Intercontinental Hotels Group, and Aramark. James Murphy is a seasoned NLRB staffer, having worked as an attorney for numerous board members and as chief counsel to Harry Johnson and Marvin Kaplan. Crystal Carey, the new General Counsel, has been with the NLRB since 2009, holding various positions from field attorney to senior counsel for former member Philip Miscimarra.
With a restored quorum, the NLRB is expected to start addressing a large backlog of cases which have stacked up over the past year. As the NLRB resumes its decision-making functions, the Board’s Republican-led majority is well primed to reconsider Biden-era Board precedent perceived as favoring unions. Employers should anticipate a shift toward more employer-friendly labor policies and enforcement priorities from the Board. Stay tuned for more Vorys on Labor updates.
Authors: Michael J. Shoenfelt, Rebecca L. Hill