The National Labor Relations Board (“NLRB”) is likely to reconsider several Biden-era labor decisions following the U.S. Senate’s confirmation of James Macy and David Prouty on August 7, 2026.

James Macy, a former management-side labor and employment attorney, will join Chairman James Murphy and Member Scott Mayer as the third Republican member of the NLRB. Macy’s term will expire in August 2030.

The Senate also confirmed current Democratic Member David Prouty to another term that was scheduled to expire on August 27, 2026. Prouty’s new term will expire in August 2031.

Biden-Era Decisions That May Be Revisited

Macy’s confirmation is significant because it gives Republicans a majority on the Board and the votes needed to reconsider existing NLRB law without Democratic support.

One significant precedent that may be reconsidered is the Board’s 2023 decision in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (August 25, 2023) (Cemex). In Cemex, the Board changed the rules governing how employers must respond when a union claims majority support and asks to be recognized.

Under Cemex, an employer generally must either recognize the union or promptly seek an NLRB election. If the employer commits certain unfair labor practices that interfere with the election process, the Board may order the employer to recognize the union instead of holding a new election.

Cemex raised the stakes for employers during union organizing campaigns and made it especially important for employers to understand what they can and cannot do when responding to organizing activity.

The new Board majority may also revisit the November 2024 Amazon.com Services LLC, 373 NLRB No. 136 (November 13, 2024) (Amazon) decision concerning mandatory “captive audience” meetings in which management communicates its views regarding union representation.

For decades, employers could generally require employees to attend such “captive audience” meetings, provided the employer did not engage in unlawful conduct. In Amazon, however, the Board changed that longstanding rule and held that employers may not require employees to attend such meetings.

What Employers Should Expect

The confirmations do not automatically change existing NLRB rules. Decisions such as Cemex and Amazon remain in effect unless and until the Board revisits them in a future case or they are changed by judicial review.

Employers should continue to follow current labor law rather than assume that Biden-era decisions no longer apply.

However, employers should expect changes in the months ahead, potentially affecting union organizing, bargaining obligations, and how employers may communication with their employees about unions.

Employers with unionized workforces or those facing union organizing activity should continue to monitor NLRB developments and be prepared to adjust their labor relations practices as new decisions are issued.

Stokes Wagner will continue monitoring NLRB developments affecting hospitality employers. If your hotel, restaurant group, or asset team needs assistance navigating these changes, our attorneys are available to provide tailored compliance reviews, operational guidance, and training.

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THIS DOCUMENT PROVIDES A GENERAL SUMMARY AND IS FOR INFORMATIONAL/EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE COMPREHENSIVE, NOR DOES IT CONSTITUTE LEGAL ADVICE. PLEASE CONSULT WITH COUNSEL BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION.