On August 7, 2026, the U.S. Senate confirmed NLRB Member David Prouty to a second term and seated James Macy in a vacant seat. The two confirmations give Republican appointees a 3-2 majority on the five-member panel - the first GOP-led majority since 2021.

For HR teams, the personnel shift carries direct compliance implications. Seven union-friendly rulings from 2022 and 2023 now face a credible chance of reversal or modification.

The board now holds enough votes to revisit precedent that has survived only on 3-3 ties. Prouty's reconfirmation preserves his 2021 appointment under President Biden, while Macy's arrival crosses the threshold needed to overturn long-standing rules.

Which precedents face reassessment?

The targeted cases span union election mechanics, employee handbook standards, and remedies law. Together they have reshaped employer obligations across hiring, discipline, and offboarding. The shortlist:

• Cemex Construction Materials Pacific, LLC (2023)
• Stericycle, Inc. (2023)
• American Steel Construction (2022)
• Lion Elastomers LLC (2023)
• McLaren Macomb (2023)
• 2023 Union Election Rule
• Thryv, Inc. (2022)

What did each ruling change?

Cemex forced employers to bargain with unions upon majority card support, bypassing an election entirely. Stericycle established a 2023 standard that presumes any handbook rule unlawful if a reasonable employee could view it as chilling NLRA rights.

That standard has reshaped how HR teams draft professional conduct, confidentiality, and audio or video recording policies. American Steel Construction opened "micro-unit" elections, letting unions exclude employees who oppose organizing and win more easily.

Lion Elastomers reinstated stricter discipline standards for offensive conduct during protected activity, overturning the prior General Motors framework. McLaren Macomb curtailed non-disparagement and confidentiality clauses in severance agreements.

The 2023 Union Election Rule accelerated organizing timelines, producing "quickie" elections that limited employer legal challenges before a vote. Thryv extended unfair-labor-practice remedies beyond backpay and reinstatement to consequential damages such as medical costs and out-of-pocket losses.

How quickly could rulings change?

Speed depends on the board's substantial case backlog. General Counsel Crystal Carey named backlog reduction as a top priority in her first memo issued in January 2026 after she took the GC post.

Republican appointees James Murphy and Scott Mayer have historically declined to overturn precedent without at least three affirmative votes. Macy's arrival crosses that threshold, giving the GOP bloc the votes to move on contested rulings.

Even so, the board needs time to clear its case backlog before issuing major reversals.

What other standards could the board reopen?

The board may revisit rules governing union insignia in the workplace and the visibility of union materials on company property. It may also reopen the line between employees and independent contractors under the NLRA - both areas shaped by the prior Democratic majority.

What should HR teams review first?

Handbook policies tied to the Stericycle standard face the most immediate compliance review, given how many employers rewrote conduct, confidentiality, and recording rules after August 2023. Severance templates built around McLaren Macomb also warrant a second look.

Watch for board decisions over the coming months that begin signaling the new majority's direction - the first hints will likely come in unfair-labor-practice rulings as Macy joins panel votes and the backlog clears.