Third Gop Member Joins NLRB, Indicating Case Law Changes Ahead 

On August 17, James Macy became the third GOP-appointed member of the National Labor Relations Board (NLRB), giving the NLRB three members necessary to overturn existing precedents.  One may wonder whether the first task at hand will emphasize easing the case backlog or reversing Biden-era NLRB policies.

The most popular candidate for reversal is the Cemex case, which allowed something similar to a card check process where the employer committed an unfair labor practice in response to a union demand for recognition.  The Biden NLRB set some 20 new precedents when it was controlled by Democrats.  Those likely candidates for reversal include the banning of captive audience meetings, and restrictions on what employers can say to workers during organizing campaigns.  Others include the continuation of automatic dues deductions once a collective bargaining agreement has expired, and the restrictive requirements of language in employee handbooks and severance agreements.  

In a related development, NLRB General Counsel Crystal Carey has called on the Board to strike down precedential rulings in seven pending cases, according to her memo released August 26, 2026.  She rated the Cemex case at the top of her list to overturn, and there is a pending case addressing just that issue before the Board.  Another Biden-era case she wishes to overturn includes one compensating workers for the downstream economic effects of labor law violations.  She wants to overturn the precedent requiring employees to continue to honor dues-check off agreements even after the bargaining agreement expires.  She wants to revisit cases determining if egregious employee misconduct loses the protection of the Labor Act.  She notes that the Agency under her leadership has resolved 9,000 cases presenting a 50% reduction in case backlog.

This article is part of our October 2026 Newsletter. 

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