NLRB is back in business—but major change will have to wait

The National Labor Relations Board (NLRB) has resumed operations after a prolonged period without a quorum, restoring its ability to decide cases and issue precedent. Yet the Board’s narrow composition, looming vacancies, and ongoing constitutional challenges mean that its renewed activity will emphasize case management and enforcement strategy rather than sweeping doctrinal change.

Quorum restored, temporarily

For most of 2025, the NLRB lacked a quorum and was unable to decide cases arising under the National Labor Relations Act (NLRA). That changed on January 7, 2026, when President Trump’s nominees, James Murphy and Scott Mayer, were sworn in following Senate confirmation. They join Member David Prouty, a Biden appointee.

The Board’s restored quorum, however, is short-lived. Member Prouty’s term expires in August 2026, after which the Board will again fall below the quorum required to issue decisions unless additional members are confirmed.

Clearing the backlog, not rewriting the law

After months of inactivity, the newly reconstituted Board inherits a substantial backlog. In the near term, you should expect a focus on issuing decisions in noncontroversial cases and reducing the hundreds of matters that have been awaiting resolution.