NLRB finding its way, or does anyone benefit from a nonfunctioning Board?

The National Labor Relations Board (NLRB)—the oldest “super agency,” created in 1935—is newly reconstituted and will be finding its way in an unprecedented setting and facing unprecedented challenges. 

Background 

President Trump, in an unprecedented move, fired Board Member Gwen Wilcox in January 2025, despite provisions in the National Labor Relations Act (NLRA) bestowing tenure protections for her. Wilcox has challenged this move in court, and her status will be decided by the Supreme Court in an allied case, Slaughter v. Trump, involving the firing of a member of the Federal Trade Commission (FTC) who enjoyed similar tenure protections. It’s widely believed the Court will permit both terminations, thus converting those who serve on federal boards and commissions into “at-will” employees serving at the pleasure of the president. In any event, as a result of the Wilcox termination, the Board lacked a quorum until recently and could not function. In January 2026, James Murphy and Scott Mayer were sworn in, creating a three-member Board. Many questions remain. 

Captive Board? 

This Board will likely be the first comprised of at-will employees. Having lost its independence, it’s an open question how the Board will respond and how the regulated community will respond to the Board. Although the Board is expected to try to reduce its huge (17,000 case) backlog with numerous noncontroversial decisions, its rulings will now have the stamp of political taint as never before.