On April 13, President Donald Trump nominated James Macy and David Prouty to serve as Members of the National Labor Relations Board (NLRB), sending a bipartisan package of nominees to the Senate as the board faces a potential loss of quorum later this summer.
The Senate Health, Education, Labor, and Pensions (HELP) Committee is scheduled to consider the nominations during its July 15 executive session.
On July 10, IEC sent a letter to the Senate HELP committee supporting the confirmation of both nominees and urged committee members to favorably report the nominations to the full Senate.
A fully functioning NLRB is critical to ensuring that employers, employees, and labor organizations receive timely decisions and clear guidance regarding their rights and responsibilities under the National Labor Relations Act (NLRA).
Why the NLRB Quorum Matters
The NLRB is a five-member independent federal agency responsible for administering and enforcing the NLRA, including resolving representation questions, adjudicating unfair labor practice cases, and interpreting federal labor law. The board requires a quorum of three members to issue decisions.
Originally appointed by President Joe Biden, current NLRB member David Prouty has been renominated in a package with Macy because Prouty’s term expires on August 27, 2026. If the Senate does not confirm enough members before that date, the Board could lose its quorum and be unable to fully carry out its statutory responsibilities.
A loss of quorum would create additional uncertainty for employers, employees, and labor organizations by delaying decisions, increasing the case backlog, and limiting the board’s ability to provide guidance on important labor law issues.
Employers and workers alike benefit from a board that can operate effectively and provide timely resolution of disputes.
Supreme Court Decision Adds Additional Context for Independent Agencies
The Supreme Court’s recent decision in Trump v. Slaughter has also generated discussion regarding the structure and operation of independent federal agencies, including the NLRB.
In Trump v. Slaughter, the court considered the President’s authority to remove members of independent agencies and held that statutory restrictions limiting the President’s removal authority were unconstitutional. While the case involved the Federal Trade Commission rather than the NLRB, the decision could have broader implications for how independent agencies operate and how presidential authority interacts with agency leadership structures, especially since President Trump removed NLRB members and staff last year, as did President Biden.
Who Are the Nominees?
James Macy
James Macy has extensive experience in labor and employment law and workplace policy. He has served in senior leadership roles at the U.S. Department of Labor and previously practiced labor and employment law representing employers.
If confirmed, Macy would fill a Republican seat on the NLRB.
David Prouty
David Prouty has served as a Member of the NLRB since July 2021. Prior to joining the board, he represented labor organizations, including serving as General Counsel of Service Employees International Union Local 32BJ, and held senior legal positions representing professional athletes.
President Trump’s decision to renominate Prouty provides a bipartisan element to the package and would allow the Senate to address the immediate quorum issue while maintaining representation from both major political parties on the board.
Expected Board Composition and Terms
If confirmed, the NLRB would consist of the following members and term expiration dates:
- James Murphy, Chair (Republican) – December 16, 2027
- Scott Mayer (Republican) – December 16, 2029
- James Macy (Republican) – August 27, 2030
- David Prouty (Democrat) – August 27, 2031
The White House has not nominated a fifth Board member, which would traditionally be reserved for the minority party.
Confirmation of nominees Macy and Prouty would allow the NLRB to maintain a quorum and continue resolving cases before it, including controversial decisions made by the Biden-appointed majority NLRB. It would also provide additional stability for employers, employees, and labor organizations that rely on the board to administer federal labor law.
IEC Advocacy
IEC believes a predictable and stable labor policy environment benefits merit shop contractors, their employees, customers, and taxpayers. A functioning NLRB provides employers and employees with the certainty necessary to make informed decisions, resolve disputes, and maintain productive workplaces.
For these reasons, IEC will continue to urge the Senate to promptly confirm James Macy and David Prouty so the NLRB can continue carrying out its statutory responsibilities without interruption.
IEC will be monitoring the nominations and providing updates as they move through the Senate confirmation process.