President Donald Trump has taken steps to establish a Republican majority on the federal board responsible for resolving private-sector labor disputes and supervising union elections—a body left in limbo following his unprecedented dismissal of a Democratic member.
On Wednesday, the White House submitted to the U.S. Senate the nominations of Scott Mayer, Boeing Co.'s chief labor counsel, and James Murphy, a longtime attorney at the National Labor Relations Board.
The five-member board has been without a quorum since January, when Trump dismissed NLRB Member Gwynne Wilcox—a Biden appointee—leaving it unable to issue decisions in hundreds of pending cases.
It marked the first time since the board’s establishment in 1935 that a sitting member had been dismissed.
In May, the U.S. Supreme Court permitted Wilcox’s removal to stand while her legal challenge proceeds—a case that could set a significant precedent regarding the president’s authority to dismiss members of agencies intended to operate independently from the White House.
The board is also contending with a wave of lawsuits, including challenges from Amazon.com and Elon Musk’s SpaceX, which argue that its structure and internal enforcement mechanisms violate the U.S. Constitution.
Representatives for the White House, the NLRB, Boeing, and Murphy did not immediately respond to requests for comment.
If confirmed, Mayer and Murphy would join Acting Chair Marvin Kaplan, a Republican, and Democrat David Prouty on the board.
The NLRB adjudicates cases involving unlawful labor practices, such as interference with union organizing, and resolves disputes related to union elections. By tradition, the five-member board includes no more than three members from the same political party. While it has the authority to issue rules interpreting federal labor law, it more commonly establishes new policies through rulings in individual cases.
Lacking a quorum, the board is unable to review decisions made by the agency’s administrative judges, leaving those rulings unenforceable. Unions and worker advocates argue that this paralysis has allowed some employers to continue blatant legal violations—such as refusing to bargain in good faith and terminating union supporters—without consequence.
With a Republican majority anticipated, many Biden-era decisions perceived as pro-union and strongly opposed by business groups are likely to be overturned.
This includes a 2023 ruling that, for the first time in 50 years, allowed workers to unionize without going through the traditional secret-ballot election process, as well as a decision in an Amazon.com case that barred employers from mandating attendance at meetings designed to discourage unionization.
Since 2022, Mayer has served as chief legal counsel at Boeing. His prior experience includes roles at InterContinental Hotels Group, MGM Resorts International, and Aramark, according to his LinkedIn profile. Last year, Boeing endured a tense seven-week strike by some U.S. factory workers, which concluded in November when the workers ratified a new union contract.
According to the agency, Murphy has been with the NLRB since 1974, starting as a student law clerk. Over the years, he has served as counsel to numerous NLRB members, including the current acting chair, Marvin Kaplan.
