NLRB Shifts to Republican Control as Chevron Deference Comes to an End

The National Labor Relations Board (NLRB) has seen a significant shift in its composition after the Senate confirmed David Prouty and James Macey to the board in August, giving Republicans control with three Republican members out of four. This new majority will likely lead to the overturning of several key decisions from the Biden era, including the Cemex, Stericycle, and Thryv cases.

The Supreme Court's Loper Bright ruling in 2026 has also had a significant impact on the NLRB. The court's decision means that circuit courts are no longer required to defer to agency interpretations of ambiguous statutes, giving them more authority to reject NLRB positions that lack statutory support.

The shift in control and the end of Chevron deference have been reflected in recent court decisions. The US Court of Appeals for the District of Columbia Circuit recently declined to enforce a Board order based on the 'successor bar' doctrine, which affects when representation elections can proceed after a company acquisition.