NLRB Updates
New NLRB Confirmations and Agency Plans to Overturn Precedent
|
APPLIES TO All Employers Subject to NLRA |
EFFECTIVE As Indicated |
QUESTIONS? Contact HR On-Call |
Quick Look
|
Discussion
On August 7, 2026, the U.S. Senate confirmed Republican James Macy for a 5-year term and renewed Democrat David Prouty’s term on the National Labor Relations Board (NLRB). The confirmations have resulted in a 3–1 Republican majority. Chairman James Murphy and Scott Mayer were previously confirmed in December 2025. Although the NLRB has had a quorum since Murphy and Mayer’s confirmations, adding Macy to the Board will give the NLRB a minimum majority to overturn NLRB precedent. Even so, there still remains one vacant seat on the Board.
On August 26, 2026, General Counsel Carey issued Memorandum GC 26-04 directing Regions to keep investigating and prosecuting cases under existing Board law while she flags precedents she is challenging (or plans to challenge) before the Board. The memo lists positions she has already taken in specific pending cases, arguing to overturn several Biden-era Board precedents and return to older standards. These include: severance/employment agreement confidentiality (challenging McLaren Macomb), consent orders (challenging Metro Health), work rules (challenging Stericycle), captive audience meetings (seeking to reverse Amazon.com Services and revive the 1948 Babcock & Wilcox standard), employer predictions about unionization’s impact (rejecting her predecessor’s view in Starbucks/Siren Retail and favoring reinstating Tri-Cast), dress codes (arguing against Tesla, Inc. in favor of Wal-Mart Stores), and waiver of the right to bargain (opposing Endurance Environmental Solutions in favor of MV Transportation).
The memo also previews precedents she intends to challenge if a suitable case arises, including: Cemex‘s bargaining-order framework (favoring Gissel Packing and Linden Lumber); the duty-to-bargain rules in Wendt Corporation and Tecnocap; the union dues/objector-fee standard from UFCW Local 700 (Kroger); protected-concerted-activity precedents Miller Plastic Products and Lion Elastomers II; the post-contract dues checkoff obligation in Valley Hospital Medical Center (favoring the 1962 Bethlehem Steel standard); and the enhanced remedies framework from Thryv Inc. She notes this list isn’t exhaustive but is meant to help Regions identify and resolve relevant cases more efficiently. This Memorandum also gives employers insight into activity we can expect to see from the NLRB with the newly confirmed members. Continue to look for updates on rulings from the NLRB.
Action Items
- Look for developments on precedent the NLRB plans to overturn.
- Consult with legal counsel on pending NLRB cases for review.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase