Labor & Employment Law Daily Wrap Up, ON THE LABOR FRONT—It’s ‘Reverse and Restore’ at the NLRB, (Aug 31, 2026)
By Michael J. Soltis
President Trump could have nominated two additional Republicans early on, had them confirmed by a Republican-controlled Senate, and had a three-member Republican majority at the NLRB earlier in his second term.
More than 18 months after Trump’s second inauguration, the National Labor Relations Board (NLRB) has finally approached the starting line to reverse some policy decisions of the Biden and Obama Boards, and to restore its view of federal labor law. With the Senate’s recent approval of James R. Macy, the NLRB has three Republican members—enough by NLRB custom to reverse precedent—one Democratic member, and one vacancy.
A week into his second term, Trump took the unprecedented step of removing a Board Member, Democrat Gwynne Wilcox. That left the Board without a quorum and led to an 18-month legal battle culminating in a Supreme Court decision upholding the President’s unfettered authority to remove a member of a multi-member board that exercises substantial executive authority on his behalf.
By prevailing on that legal principle, Trump started what will likely become an Inauguration Day tradition when there is a change of political party entering the White House—to promptly remove one (or more) Board members of the opposite party.
To read more about potentially reversible Board cases in this context, see Mike Soltis’ latest On the Labor Front article: It’s “Reverse and Restore” at the NLRB.
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