With Recent NLRB Confirmations, the Table Is Set for Reconsideration of Biden-Era Decisions. What Will Be on the Menu?

On August 7, 2026, James R. Macy and David M. Prouty were confirmed by the Senate to the National Labor Relations Board, bringing the five-member Board to a composition of a 3-to-1 Republican majority, with one Democratic seat vacant (formerly held by Democrat Gwynne Wilcox). Member Macy was sworn in on August 17, 2026, and Member Prouty’s new term will commence at the expiration of his current term on August 27, 2026. No other current Board member terms are set to expire until Chairman James R. Murphy’s term expires on December 16, 2027. Thus, in the coming sixteen months, the four current Board members are poised to address all matters pending before the Board, including cases that may reshape precedent governing several controversial issues. How future Board vacancies are addressed will largely be affected by the midterm elections.

Until Member Macy’s swearing in, the Board continued to uphold the tradition of not overturning Board precedent without three members voting in agreement, despite having a quorum and Republican majority for much of 2026. Although not required by statute, this tradition helped to preserve stability over the years amid changes from administration to administration.

Now that the table is set for labor law reform, what might be on the menu? Employers have been eagerly anticipating changes to many Biden-era decisions, such as:

• Ordering recognition and bargaining without an election (Cemex)
• Work rules and handbook policies (Stericycle)
• Confidentiality / non-disparagement in severance agreements (McLaren Macomb)
• Employee misconduct during protected activity (Lion Elastomers)
• Expanded make-whole remedies for unfair labor practices (Thryv)
• “Clear and unmistakable” waiver in context of making unilateral changes (Endurance)
• Captive audience meetings (Amazon.com Services)

What can employers expect next from the Board?

Immediate wholesale changes to Board precedent are not likely in the short term, simply by virtue of the recent Board member confirmations. Existing precedent remains controlling until the Board issues a decision overturning precedent.

Employers, nevertheless, can begin to closely monitor developments from the Board, and consider how potentially employer-friendly decisions from the Board may impact current workplace policies and procedures, severance and non-compete agreements, bargaining strategies and labor relations practices.

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