Labor & Employment Law Daily Wrap Up, NLRB NEWS—Macy sworn in as new Board member, (Aug 18, 2026)

By Brandi O. Brown, J.D.

Before the Senate voted, the AFL-CIO urged senators to reject his nomination, while industry organizations supported it.

On Monday, August 17, 2026, James R. Macy was sworn in as a Member of the National Labor Relations Board, giving Republicans a three to one majority on the Board and raising concern that several Biden-era decisions could be overturned as a result.

Macy was nominated by President Donald J. Trump on April 13, 2026, to be a Member of the NLRB for a five-year term expiring August 27, 2030, and his nomination was confirmed by the Senate earlier this month.

Prior to joining the Board, Member Macy served as Director of the Office of Workers' Compensation Programs (OWCP) and Acting Administrator of the Wage and Hour Division at the U.S. Department of Labor. Macy practiced labor and employment law for more than four decades at several Milwaukee law firms. He received his B.A., summa cum laude, from the University of Wisconsin-La Crosse and his J.D. from the University of Wisconsin Law School.

AFL-CIO opposed nomination. In late June, prior to the final vote, the AFL-CIO urged the Senate not to confirm Macy, stating:

“Unfortunately, while Mr. Macy has asserted in written testimony that he will decide cases in an impartial manner, he refused to answer the hearing question posed by Ranking Member Sanders regarding whether the President had the authority to fire Member Wilcox, citing pending litigation. With workers’ fundamental rights to organize and collectively bargain on the line, it is critical that NLRB members affirm their commitment to the principle that the President cannot remove them for following their conscience when deciding cases. The threat of at-will removal by the President is amplified by the President’s assertion, through his “Ensuring Accountability for All Agencies” Executive Order (February 18, 2025), that his opinions on the proper interpretation of law—not those of confirmed members of an adjudicatory board like the NLRB—shall be controlling. Does the President have the authority to remove a Board Member because he does not like their decisions? Does he have the authority to interpret the law for a Board member? We should know Mr. Macy’s answers to these questions—and his commitment to the independence of the agency—before the Senate confirms him. Unfortunately, we do not.”

Chairman James R. Murphy, who swore Macy in as a member, stated: “I am pleased to welcome James Macy as the newest Member of the National Labor Relations Board. He brings a wealth of experience and a strong appreciation for the rights protected by the National Labor Relations Act. I am confident he will be a valued colleague as we work to ensure that cases are handled efficiently, fairly, and impartially, consistent with the Act and the important responsibilities Congress has entrusted to the Board.”

Industry organizations, such as the Associated Builders and Contractors and the Coalition for a Democratic Workplace, supported Macy’s confirmation.

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