Hunton Employment & Labor Perspectives

The National Labor Relations Board (“Board” or NLRB) can have up to five sitting Board members, but only three are needed for the NLRB to have a quorum. The Board had been without a quorum for most of last year but now has three sitting members thanks to two new additions last month. It marked the first time since the start of President Trump’s second term that a majority of Board members have been Republicans.

The National Labor Relations Board’s (“NLRB”) then-acting General Counsel recently issued Memorandum GC 26-01, announcing a new, agency-wide docketing procedure that significantly reshapes how charges are processed. This move comes in response to a growing backlog, which has been exacerbated by both the unprecedented 43-day government shutdown and persistent staffing shortages in regional offices.

The National Labor Relations Board (“NLRB” or “Board”) has a quorum for the first time in nearly a year. 

On November 6, 2025, the Eighth Circuit issued its decision in Home Depot U.S.A. v. NLRB, reaffirming the right of employers to prohibit employees (particularly those in customer-facing roles) from wearing politically-charged insignia on their work uniforms.