HIGHLIGHTS

“The National Labor Relations Board (“NLRB” or “Board”) is structured as a five-member body, but the National Labor Relations Act (“NLRA”) requires at least three Senate-confirmed members for the Board to exercise its full authority, including issuing decisions, resolving appeals, and setting binding precedent under federal labor law. For much of 2025, the Board has operated below that three-member quorum, leaving it unable to issue Board-level decisions even as regional offices and enforcement functions have remained active, effectively preventing the Board from carrying out its core adjudicatory role. This dynamic is likely to shift in 2026, as the confirmation of pending nominees would restore the Board’s quorum and allow it to again issue binding decisions and provide long-awaited clarity to employers and employees.”