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NLRB limbo may end as new nominees and GC named

August 2025 federal employment law insider
Authors: 

the editors of FELI

The National Labor Relations Board (NLRB) has been without a quorum since President Trump fired sitting NLRB Member Gwynne Wilcox in January 2025, leading to litigation over whether the president has the authority to dismiss Board members without cause. The turmoil at the Board was both underscored and possibly diminished as the nomination of two new members was inadvertently leaked by a Chamber of Commerce posting.

New nominees?

Scott Mayer, Chief Labor Counsel at The Boeing Corporation, and James Murphy, a former career official with the NLRB, were identified as the new nominees, but there has been no official word from the White House. The president notoriously abhors uncontrolled leaks, and it’s possible he’s delaying an announcement as a response to the premature news.

In any event, Board watchers are hopeful the nominees will be put forward and quickly confirmed to bring the Board back to a functioning body. The nomination of a permanent General Counsel (GC) to replace Jennifer Abruzzo may also signal that the administration is preparing to return the agency to active status. Such an outcome would empower the Board to reverse numerous union-friendly rulings and enact the Trump agenda.

GC nominated

Crystal Carey was nominated for the position of NLRB GC and awaits her confirmation by the Senate. She is a veteran of the Board, having served for nearly a decade in various legal positions.

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