Employers Likely to Find New Republican “Three M” Majority “MMM, MMM, Good!”

When James R. Macy was sworn in as a Member of the National Labor Relations Board (NLRB) on August 17, Republicans gained the third vote they lacked to begin reversing Biden-era precedent. It is the first time in nearly five years that Republicans have held a three-member majority on that body. In 2021, Republicans held such a majority through the first eight months of the Biden administration, until David Prouty was sworn in as a Member in September of that year, swinging the Board back to a Democrat majority for the first time since early in the Trump administration’s first term.

That Democrat majority held until eight days into the second Trump administration, when the President fired Board Member Gwynne Wilcox, reducing the Board to two Members. The Board dipped to just one Member in August of last year when Member Kaplan’s term expired. Thus, throughout 2025 and into early 2026, the Board lacked the necessary quorum of three members to exercise statutory authority.

The “Three‑Member Majority” Tradition Meets a New Board

The three-member quorum was restored on January 7, 2026, when Scott Mayer and James D. Murphy were sworn in as Members. But although Republicans then held a 2-1 majority, Mayer and Murphy followed the so-called “three-member majority” rule, an unwritten tradition under which the Board will not overturn existing precedent without three affirmative votes. As a result, even with a Republican majority in place throughout 2026, no Biden-era precedent has been overruled to date.

Given that we are now nearly two years into a Republican administration, many employers likely hope the confirmation of Macy may change that fact, and quickly. While Prouty was also sworn in this month to a new five-year term, Republicans again hold a solid 3-1 majority on the Board. In the past, Republican majority Boards have generally been more favorable to employers, while Democrat majority Boards have generally taken a more labor-friendly approach. And the Board may be able to act sooner rather than later.

In fact, in a memorandum issued on August 26, NLRB General Counsel Crystal Carey set out seven cases in which she has already taken official positions through briefs and motions to urge the Board to reverse Biden-era decisions. These cases involve issues ranging from severance agreements and work rules to so-called “captive audience” meetings and employer dress codes. With these issues already teed up, employers can look for more favorable decisions in relatively short order.

In her memorandum, Carey also pointed to six additional precedents she “intend[s] to challenge” but has not yet had the chance to act or take an official position. Importantly, these cases include the union-friendly Cemex case, a 2023 decision that made it easier in certain circumstances for the Board to issue bargaining orders when employer unfair labor practices interfere with an election. Critics view that approach as too aggressive because it can require bargaining without a rerun election.

A Turning Point for Employers

In sum, the arrival of a third Republican member eliminates an obstacle – the “three-member majority” tradition – that has for all of 2026 prevented the Board from acting to undo precedent unfavorable for employers. For this reason, the third Republican vote will likely be a turning point as the Board begins to reshape labor law in important ways, especially in politically contested areas.

While the pace and scope of that change will depend on the cases that reach the Board, as the new majority of Murphy, Mayer and Macey begin their work, employers are likely to find the opinions of the “Three M” triumvirate “mmm, mmm, good!”