Dive Brief:
- President Donald Trump sent nominations of two new National Labor Relations Board members to Congress on Thursday: James Murphy and Scott Mayer.
- This follows Trump’s naming of Marvin Kaplan as head of NLRB in a Jan. 20 executive order.
- Should Congress approve Mayer and Murphy’s appointments, a quorum would be restored to NLRB.
Dive Insight:
A week after Trump’s inauguration, he ushered out previous NLRB member Gwynne Wilcox — a move that Congressional Democrats on the Labor Caucus called both “unprecedented” and a violation of the National Labor Relations Act.
Wilcox alleged the same thing in the lawsuit Wilcox v. Trump, highlighting legal language that the president can only remove NLRB members for malfeasance or neglect of duty, and only after a notice and a hearing. During the public hearing for this case, the plaintiff’s attorney emphasized that the U.S. doesn’t have a “king.”
A federal judge reinstated Wilcox on March 6, with Judge Beryl Howell calling Trump’s firing of Wilcox a “power grab.” Right after, attorneys on both sides asked for an expedited decision on whether district court orders would be stayed. The court was split, halting Wilcox’s return to NLRB.
A D.C. Circuit Court briefly restored NLRB’s quorum, but on appeal, the U.S. Supreme Court ultimately extended its pause on court orders that required Wilcox to return to her position.
Looking ahead: If appointed, Murphy’s term would end on Dec. 16, 2027, and Mayer’s term would end Dec. 16, 2029. Per the NLRB press release, Kaplan’s term ends Aug. 27, 2025.
