Newly Confirmed Members Reshape the NLRB

The National Labor Relations Board (NLRB) has two newly confirmed members, giving Republicans a firm majority at an agency that plays a central role in shaping federal labor law.

The Senate confirmed James Macy and David Prouty to the NLRB on Aug. 7 as part of a larger package of federal nominees. Macy, a Republican and longtime management-side labor attorney, joins the Board for the first time, while Prouty, a Democrat with an extensive union-side background, was confirmed for a second term. Their confirmations give Republicans a 3-1 majority on the five-member Board.

Who Are the New Members?

Macy brings more than four decades of experience representing employers in labor and employment matters. Before his nomination, he served in the U.S. Department of Labor (DOL), including as director of the Office of Workers’ Compensation Programs and acting administrator of the Wage and Hour Division. President Donald Trump nominated Macy in April to a five-year term expiring Aug. 27, 2030.

Prouty, meanwhile, has spent much of his career representing organized labor. Before joining the NLRB in 2021, he served as general counsel of SEIU Local 32BJ and previously held positions with UNITE HERE and the Major League Baseball Players Association. His new five-year term runs through Aug. 27, 2031.

Both nominees appeared before the Senate Health, Education, Labor and Pensions Committee in June, and the committee advanced their nominations in July before the full Senate vote.

HR Q&A: Understanding NLRA Compliance — Key Rights and HR Strategies 

Why the Confirmations Matter

The appointments come after an unusually turbulent period for the NLRB.

Trump’s January 2025 removal of Democratic Board member Gwynne Wilcox left the agency without the three members necessary to constitute a quorum and therefore unable to issue decisions. The Board regained a quorum in December 2025 when Republicans James Murphy and Scott Mayer joined Prouty. Murphy was later designated chairman.

The NLRB is charged with administering the National Labor Relations Act (NLRA), including resolving disputes over union representation and deciding cases involving alleged unfair labor practices. The five-member Board operates primarily as a quasi-judicial body, establishing precedent that can significantly affect employers, unions, and employees nationwide.

That makes the Board’s partisan composition particularly important. With Macy joining Murphy and Mayer, Republicans now have the three votes needed to establish new precedent without Democratic support. The majority is widely expected to reconsider a number of Biden-era labor policies, potentially including standards governing union organizing, employer communications during organizing campaigns, remedies for unfair labor practices, and other major workplace issues. However, “Board precedent gets overturned case by case, which means you need an active dispute in front of the Board before a given rule falls,” said Phillip Wilson, CEO of LRI Consulting Services, Inc., in Broken Arrow, Okla. 

“It’s clear that Cemex is the one that matters most,” Wilson said. “It dramatically lowered the bar for bargaining orders and has already been treated with skepticism by Circuit courts of appeal. That’s the case most likely to fall early.” 

Wilson also cited Amazon.com Services, LLC and Stericycle as further cases that will likely come under scrutiny. 

For employers, the new composition means the NLRB is entering another significant period of change. Businesses with unionized workforces — as well as nonunion employers subject to the NLRA — should closely follow upcoming Board decisions as the new Republican majority begins putting its stamp on federal labor policy.