- with readers working within the Retail & Leisure industries
On August 7, James Macy, a Republican, was confirmed by the Senate to become the third Republican member of the National Labor Relations Board (NLRB or Board). David Poutry, a Democrat, was recently re-appointed by President Trump and was confirmed for another stint on the Board as well. Upon swearing in, Macy will bring the NLRB to four members (three Republicans, one Democrat), further cementing the Trump-backed Republican control.
Why Has the NLRB Not Changed Policy Since December 2025?
Although the Board has had a Republican majority since December 2025, the Republican members have adhered to a long-standing NLRB tradition of not changing policy unless three or more members of the Board agree to such a policy change. Adhering to this tradition has delayed major policy shifts that have been expected since President Trump took office, since the Republican majority on the Board had only two members until Macy’s confirmation. With this confirmation, and the resulting three-person Republican majority, many expect major policy shifts to begin soon.
Biden-Era NLRB Decisions Most Likely to Be Overturned
Numerous pending cases provide the new three-person Republican majority with the opportunity to make significant changes in NLRB law, with the following Biden-era NLRB decisions most likely to be reversed or significantly modified:
- Amazon.com Services LLC – prohibiting mandatory “captive-audience” meetings, which before this decision had been allowed during union election campaigns for decades under an employer’s free speech rights.
- Thryv – authorizing the NLRB to seek consequential damages, which expands possible monetary recovery by the NLRB for unfair labor practice claimants.
- Cemex – instituting a new standard for bargaining orders, making it much easier for the NLRB to force employers to bargain with unions, even if based on relatively minor unfair labor practices during a union election period.
- Stericycle – creating a presumption that facially neutral work rules, including for example confidentiality policies and rules that require employees’ respectful conduct or prohibit disruptive conduct in the workplace, inherently suppress workers’ rights unless the employer can show that the rule in question is necessary to advance legitimate interests and that such interests cannot be achieved by a narrower policy.
- McLaren Macomb – ruling that a severance agreement with non-disparagement and/or confidentiality provisions likely violates the National Labor Relations Act (NLRA) because such terms tend to interfere with workers’ organizing rights.
- Siren Retail Corp. d/b/a Starbucks – limiting employers’ statements to workers about certain potential consequences of unionization, finding that such “predictive” statements of possible negative consequences are threatening and coercive.
What the 3-1 NLRB Republican Majority Means for Employers
The extent of policy shifts under the Trump NLRB is yet to be seen. However, at the very least, we anticipate a return to long-established precedent that took a more balanced and permissive approach to employers’ free speech rights. But it is just as likely that employers will see the proverbial pendulum swing broadly toward more employer-friendly decisions.
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