What Can Employers Expect From the New NLRB Quorum?

On Wednesday, January 7, 2026, National Labor Relations Board Members James R. Murphy and Scott A. Mayer were sworn in, joining incumbent Member David M. Prouty to form a quorum on the five-member Board. Shortly thereafter, on Thursday, January 15, the Board issued its first decision in a matter since March of 2025, Satellite Healthcare (Santa Rosa), 374 NLRB No. 25 (2026). The issuance of the panel decision ended a period of inactivity for the Board after the removal of former Member Wilcox and the recent government shutdown.

In Satellite Healthcare, the Board denied the Employer’s Request for Review of the Regional Director’s Decision Overruling Employer’s Election Objection and Certification of Representative. More significantly, the Board, in denying the employer’s request for review, rejected the employer’s argument that the Regional Director had no authority to rule on its objections or certify the results of the election because the Board lacked a quorum when the objections were filed and when the Regional Director issued her Decision. Similarly, the Board rejected the employer’s argument that circuit court cases upholding the Board’s interpretation of Sec. 3(b) under Chevron U.S.A. Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 104 S. Ct. 2778, 81 L. Ed. 2d 694 (1984), are now invalid because Chevron has since been overruled by Loper Bright Enters. v. Raimondo, 603 U.S. 369, 144 S. Ct. 2244, 219 L. Ed. 2d 832 (2024).

Essentially, Satellite Heathcare reinforced the Board’s view that the Act’s express authorization of the delegation of power to the Regional Directors to conduct elections and certify their results remains effective regardless of the Board’s composition.

Now that decisions are being issued with some regularity, what can employers expect from the Board in the near term?

Anyone who regularly deals with the NLRB understands that a large backlog of cases remains pending not only at the Board but also at the Regional Offices that conduct the investigations of representation petitions and unfair labor practice charges. As the Board Members continue to get acclimated to their new roles, it is likely that many of the initial decisions issued by the Board this year will address non-controversial matters, particularly with respect to representation issues, such as requests for review of Regional Director decisions.

The Board has also recently ruled on several motions for summary judgment. Employers will likely have to wait a bit longer for the Board to address matters of greater importance and interest, such as:

• Ordering recognition and bargaining without an election (Cemex),
• Work rule and handbook policies (Stericycle), and
• The test for determining whether an individual is an independent contractor (The Atlanta Opera, Inc.).

Meanwhile, the Regional Offices continue to attempt to reduce investigation backlogs despite funding and staffing challenges. Employers should anticipate that the new General Counsel will prioritize reducing the backlogs at the Regional Office level by requiring parties to submit evidence promptly.

Should you have questions regarding labor and employment matters, particularly issues arising under the National Labor Relations Act, please contact Gregory M. Gleine or another member of Frantz Ward’s Labor and Employment Group.