As reported here, the National Labor Relations Board (“NLRB” or the “Board”) regained a quorum late last year. Many expected that the new Republican majority would soon begin revisiting the Biden-era decisions that were widely considered to be favorable to employees and unions. Instead, on January 28, 2026, the new Board declined its first opportunity to do just that.
In a brief decision in Lodi Volunteer Ambulance Rescue Squad, the Acting General Counsel requested, and the Board ordered certain expanded remedies pursuant to the NLRB’s 2022 decision, Thryv, Inc., 372 NLRB No. 22 (2022). The remedies included restoring the eliminated positions, reinstatement of affected employees, backpay, and compensation for other “direct or foreseeable pecuniary harms incurred as a result” of the unlawful discharges.
Given a Circuit split in reviews of Board cases on the issue and the Board’s departure from longstanding precedent when it decided Thryv, many practitioners considered itto be ripe for reconsideration by the newly instated Republican-majority Board. In a footnote, however, new Members Mayer and Murphy declined to express any opinion on the expanded remedies created by Thryv. Rather, they explained that the Board will continue to apply existing precedent “in the absence of a three-member majority to overrule it.”
Members Mayer and Murphy’s decision to respect this tradition signals that federal labor law – including the union-friendly Biden-era decisions – will likely remain status quo for the foreseeable future. A three-Member Republican majority is not expected any time soon; indeed, as of the publishing of this post, President Trump has yet to nominate a third Republican Board Member. Moreover, even if a third Member were to be nominated in the short-term, Members Mayer and Murphy were not confirmed by the Senate until more than five months after their respective nominations.
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