Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—Senate confirms Macy + Prouty to Labor Board, giving Republican members critical three-vote majority, (Aug 13, 2026)

By Laura Pierson-Scheinberg and Richard Vitarelli of Jackson Lewis P.C.

Takeaways

• James Macy and David Prouty were confirmed to the National Labor Relations Board, bringing the Board to four members and establishing a 3-1 Republican majority.

• Three Republican members clears an important hurdle to reconsidering significant Biden-era Board precedents.

• While no immediate changes are expected, employers should monitor pending Board cases that could reshape precedent governing workplace rules, severance agreements, bargaining obligations, protected concerted activity and other labor law issues.

Article

The Senate confirmed James Macy and David Prouty to the National Labor Relations Board on Aug. 7, 2026, completing a much anticipated, significant change in the composition of the agency responsible for administering the National Labor Relations Act.

Macy joins Chairman James Murphy and Member Scott Mayer as the Board's third Republican member. Prouty, whose current term expires August 27, was confirmed to a second term as the Board's sole Democratic member. The confirmations leave the five-member Board with a 3-1 Republican majority and one Democratic seat vacant. Once sworn in, Macy will begin serving on the Board and Prouty's new term will commence upon expiration of his current term.

For employers, Macy's confirmation is particularly significant. The addition of a third Republican vote increases the likelihood that the Board will revisit significant Biden-era precedent.

Macy, Prouty Bring Stability and Experience

President Donald Trump nominated Macy and renominated Prouty in April 2026. Macy was confirmed for a term expiring Aug. 27, 2030, while Prouty's new term will expire Aug. 27, 2031.

Macy brings decades of management-side labor and employment experience to the Board, including service in the Department of Labor and more than 40 years in private practice representing employers in labor and employment matters.

Prouty has served on the Board since 2021 and previously held senior positions with multiple labor organizations. His confirmation to a second term provides institutional stability, allowing the Board to maintain at least four members through August 2027, absent an unexpected vacancy. It also ensures the Board will retain a Democratic voice as it considers contested labor law issues. In divided cases, Prouty's dissents may frame competing interpretations of the Act and issues that later arise in federal appellate review.

Although Republican members already held a majority on the three-member Board, Mayer and Murphy followed the Board's established practice of not overruling precedent without the support of at least three members. With a third Republican vote now available, the Board may be better positioned to revisit disputed areas of labor law and provide greater clarity on the direction of Board doctrine.

Reconsideration of Biden-Era Precedent Likely

The Board's new composition does not itself change existing labor law. Existing precedent remains binding unless modified or overruled through future Board decisions.

Several areas may be candidates for reconsideration as relevant cases reach the Board, including:

• Workplace rules;

• Confidentiality and non-disparagement provisions in severance agreements;

• Bargaining obligations;

• Employee misconduct occurring in connection with protected activity; and

• Other doctrines that changed during the prior administration.

The Board also may revisit procedural and remedial approaches adopted by the Biden-era Board.

The timing and scope of any changes will depend on the cases that reach the Board and the issues those cases present.

What Employers Should Expect and Do Now

Employers should not expect immediate changes in labor law as a result of the confirmations. Any changes will occur through future Board decisions and existing precedent remains controlling in the meantime.

Employers with pending Board matters or workplace policies adopted in response to recent Board decisions should assess whether the matter involve legal standards that may be candidates for reconsideration. Although existing precedent remains controlling, employers may wish to evaluate how potential changes in Board doctrine could affect workplace rules, severance practices, bargaining strategies, and employee relations policies. Employers should continue complying with existing precedent while evaluating how pending cases may reshape these doctrines.

The confirmations mark an important transition for the Board. With a stable Republican majority, the Board is positioned to shape the direction of federal labor policy through future case decisions during the remainder of the Trump Administration.

Laura Pierson-Scheinberg and Richard Vitarelli

Jackson Lewis P.C.

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