Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—Are you ready for an NLRB quorum? It may be coming!, (Jul 25, 2025)
Law Firms Mentioned:Ballard Spahr
Organizations Mentioned:Ballard Spahr, LLP | Cornell University
By Rebecca Leaf and Brian D. Pedrow of Ballard Spahr LLP
On July 17, 2025, the White House sent a series of nominations to the Senate, including nominations for two National Labor Relations Board members - Scott Mayer and James Murphy. If confirmed, the nominees would join sitting Board Members Marvin E. Kaplan (Chair) and David Prouty, to create a quorum at the Board for the first time in almost six months.
The Board, a quasi-judicial body, has five seats, but three members are necessary for a quorum. The Board has lacked a quorum since January, when President Trump dismissed Democratic member Gwynne Wilcox. Wilcox has challenged her removal, and most recently, the U.S. Supreme Court blocked a lower court's order to reinstate her. The central issue in Wilcox's case is whether the President has the authority to fire employees at independent agencies without cause.
Board Members are appointed by the President, with the consent of the Senate, to five-year terms with staggered expiration dates. Mayer is nominated to fill former Member Lauren McFerran's seat, and Murphy is nominated to fill former Member John Ring's seat. Mayer's term would expire on December 16, 2029, and Murphy's on December 16, 2027. If approved by the Senate, the Board would be comprised of three Republican members, with Prouty as the sole Democrat.
This week, the Senate also held confirmation hearings for Trump's General Counsel nominee, Crystal Carey. The General Counsel is independent from the Board and is responsible for investigation and prosecution of unfair labor practice cases and the supervision of the NLRB's field offices. Currently, Trump appointee, William B. Cowen, is serving as Acting General Counsel.
If the General Counsel and Board nominees are approved, employers should expect to see a reversal of many Biden-era, union-friendly NLRB decisions in the coming months.
About the Nominees
Scott Mayer is a Philadelphia-based labor lawyer who currently serves as Chief Labor Counsel for a major aerospace company, where he oversees legal matters related to labor relations and compliance. Mayer has a strong background in labor relations, including arbitration, collective bargaining, and conflict resolution. He is a graduate of Villanova Law School and Cornell University.
Jim Murphy has reportedly served on the staffs of dozens of Board members throughout the years and was most recently Member Marvin Kaplan's chief counsel.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Rebecca Leaf and Brian D. Pedrow
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