In a move that could reshape the nation’s labor landscape, a Republican-controlled Senate committee on Thursday approved two of President Trump’s nominees for key roles at the National Labor Relations Board, leaving a third nomination in limbo.
The Health, Education, Labor and Pensions Committee narrowly voted 12-11 to advance retired NLRB attorney James Murphy for a board seat and Morgan, Lewis & Bockius partner Crystal Carey as the agency’s general counsel. Both nominations now head to the full Senate for confirmation.
Meanwhile, the committee pulled the plug on a planned vote for Boeing Chief Labor Counsel Scott Mayer after a tense exchange with Senator Josh Hawley. Whether Mayer will get another chance for confirmation remains uncertain.
The NLRB has been hamstrung with only one active member, Democrat David Prouty, following Trump’s firing of Democratic member Gwynne Wilcox in January and the expiration of Republican Marvin Kaplan’s term in August. The lack of a quorum has stalled hundreds of cases, including contested union elections. Wilcox has challenged her removal in court, and the Supreme Court allowed it to stand temporarily.
Trump also ousted Biden-era NLRB General Counsel Jennifer Abruzzo, naming longtime staffer William Cowen as acting general counsel.
Carey, who served previously as an NLRB staff attorney before joining one of the country’s top labor law firms, has represented major companies including Apple, GM, Dollar General, and Activision Blizzard. Murphy’s decades-long NLRB career began in 1974 as a student law clerk, culminating in his role as counsel to numerous board members.
Democrats have expressed skepticism that the nominees can remain impartial, citing the precarious nature of their positions under Trump. Both Murphy and Mayer insisted that potential removal would not compromise their adherence to federal labor law.
Hawley pressed Mayer over a strike by 3,200 Boeing machinists in St. Louis, questioning executive pay amid labor unrest and safety concerns. Mayer countered that fairness is subjective and that he was not involved in negotiations with the striking workers due to his pending nomination.
If confirmed, Murphy and Mayer would give Republicans control of the NLRB for the first time since 2021. The general counsel role, separate from the board, functions as a quasi-prosecutorial office, bringing cases against employers and unions over alleged labor violations.
Thursday’s committee session also moved forward Trump’s picks for other Labor Department posts: Rosario Palmieri as assistant secretary and former New York congressman Anthony D’Esposito as inspector general.
