NLRB Shifts to Republican Majority as Chevron Deference Ends

The National Labor Relations Board (NLRB) has undergone a significant shift in its majority control, now favoring Republicans. In August, the Senate confirmed David Prouty and James Macey to the NLRB, establishing Republican control with three Republican members among the four currently confirmed. This change is expected to have far-reaching implications for employers, particularly regarding the overturning of several key decisions from the Biden era.

General Counsel Crystal Carey has indicated her intent to present several decisions for the new majority to overturn, including the Cemex, Stericycle, and Thryv decisions. These decisions were made during the previous administration's tenure and may be subject to revision under the new Republican-led NLRB. The impact of these potential changes is still uncertain but could significantly affect employers' labor practices.

Additionally, the U.S. Supreme Court's recent Loper Bright ruling has ended Chevron deference, a doctrine that required courts to defer to agency interpretations of ambiguous statutes. This shift now grants circuit courts the authority to reject NLRB positions lacking statutory support. The implications of this change are still being felt and may lead to increased scrutiny of NLRB doctrines.