NLRB nominee to yield fully functioning Board, but challenges remain

In an unexpected move, President Donald Trump acted to add James Macy as a third Republican on the National Labor Relations Board (NLRB), a move that signals the administration’s intent to review and reverse controversial pro-union rulings of the Biden/Abruzzo Board. The president also renominated David Prouty, the panel’s sole Democrat, for a second five-year term. If confirmed, Macy’s term would expire in August 2030, while Prouty’s would end in August 2031. The pairing of nominees from opposite parties restores a time-honored tradition and increases the likelihood of—but doesn’t guarantee—a smooth confirmation process. 

Third Republican vote 

President Trump nominated James Macy to fill the vacant spot of former chair Marvin Kaplan. Macy is currently the director of the Department of Labor’s Office of Workers’ Compensation Programs and previously served as the acting administrator for the Wage and Hour Division. 

If confirmed by the Senate, Macy will add a third Republican vote, which would permit the Board to reverse and/or establish binding, nationwide precedents. Long-standing Board tradition requires three votes to overturn a precedent.