Examining the Policies and Priorities of the NLRB

Labor Department and Labor LawHouse Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions · June 4, 2026 · 119th Congress
The House Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions held this hearing to question NLRB Chairman James Murphy and General Counsel Crystal Carey on the agency's policies and its efforts to work through a large case backlog that grew after the board lost its quorum in 2025. Begins at ▶ 0:10:46
Transcript
Highlights

Title

NLRB leadership testifies on case backlog, board vacancies, and enforcement priorities

Purpose

The House Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions held this hearing to question NLRB Chairman James Murphy and General Counsel Crystal Carey on the agency's policies and its efforts to work through a large case backlog that grew after the board lost its quorum in 2025. Republicans criticized Biden-era board precedents (Cemex, the Amazon captive-audience decision, Stericycle/Lion Elastomers) and pressed for confirmation of additional board nominees, while Democrats focused on staffing shortages, funding cuts, and possible conflicts of interest involving Carey's prior law firm. Begins at▶ 0:10:46

Who spoke

• Chairman Rick Allen (R-GA): Opened by criticizing the prior board's Cemex and Amazon decisions and citing a tripled case backlog▶ 0:10:46; later questioned Murphy on the three-vote precedent-reversal tradition▶ 0:31:04 and touted his own Rural Healthcare Act on independent-contractor status▶ 1:18:21.

• Ranking Member Mark DeSaulnier (D-CA): Described his own union background and cited polling that ~70% of Americans approve of unions▶ 0:14:43; said there are 90,000 workers for every NLRB caseworker▶ 0:17:34 and urged passage of the PRO Act▶ 0:18:21; in his closing invoked an Eisenhower quote on workers' right to organize and offered continued bipartisan engagement▶ 1:39:11.

• Chairman James Murphy, NLRB: Testified the board's pending caseload fell from 591 to 387 in five months despite 152 new filings▶ 0:20:24▶ 0:22:15; explained the tradition requiring three votes to overturn precedent▶ 0:31:17; said "too many to count" employers have gone beyond free speech into unlawful threats or promises▶ 1:27:15.

• General Counsel Crystal Carey, NLRB: Said her office closed a backlog by 515 cases (13,006 processed vs. 12,491 filed) between January 7 and June 2▶ 0:23:59▶ 0:26:00; disclosed the House Appropriations Committee's initial $200 million FY27 proposal is far below OMB's $285 million request and would force cutting 300–460 employees▶ 0:27:41; confirmed roughly 18,000 cases remain pending in the investigatory stage▶ 1:15:07; defended the Amazon Palmdale settlement and said her recusal obligation for Amazon expired in December 2024, before she was sworn in▶ 1:35:20▶ 1:35:58.

• Rep. Summer Lee (D-PA): Pressed Murphy on NLRB independence from the White House▶ 0:33:14▶ 0:34:41 and questioned Carey about her prior work at Morgan Lewis representing corporations that argue the NLRB is unconstitutional▶ 0:36:14.

• Chairman Tim Walberg (R-MI), full committee chair: Cited *HK Porter v. NLRB* on the limits of government's role in bargaining▶ 0:38:28; asked Carey how her enforcement discretion differs from her predecessor's▶ 0:39:56 and Murphy about the Amazon captive-audience decision▶ 0:41:01.

• Rep. John Mannion (D-NY): Noted the year-long quorum loss worsened the backlog▶ 0:42:26▶ 0:43:53 and questioned Carey on the traditional 80%-of-back-pay settlement threshold▶ 0:45:29.

• Dr. Fox (R-NC), chairman emeritus: Asked Carey about union dues for political activity under *CWA v. Beck*▶ 0:47:57; pressed Murphy on Stericycle/Lion Elastomers' tension with Title VII, and Murphy said he would like to "reconsider" those decisions if given the chance▶ 1:08:33▶ 1:09:43.

• Rep. Ro Khanna (D-CA): Established that workers cannot pursue a private right of action for unfair labor practices and must go through the NLRB▶ 0:53:29▶ 0:55:07; got Carey to confirm current staffing is inadequate to address the backlog▶ 0:56:47▶ 0:57:29.

• An unidentified Republican committee member: Cited the Cerberus International case where 1 of 8 eligible workers unionized an entire workplace▶ 0:59:57; described his Worker Infringement Enfranchisement Act requiring a two-thirds quorum for valid union elections▶ 1:01:29 and criticized the board's Cemex bargaining-order standard▶ 1:02:20.

• Rep. Lucy McBath (D-GA): Questioned whether Carey's corporate law background biases her against workers▶ 1:04:10 and confirmed no political appointee had directed specific case outcomes▶ 1:05:31.

• Rep. Randy Fine (R-FL): Argued the NLRB should be a neutral arbiter, not an advocate▶ 1:07:57; questioned Carey's decision not to issue mandatory case-submission requirements and how regional consistency is maintained▶ 1:10:22.

• Rep. Bobby Scott (D-VA): Established Murphy's 47 years at the board and asked Carey what additional funding would buy▶ 1:13:12▶ 1:14:36; established that NLRB remedies are compensatory (reinstatement, back pay) rather than punitive fines▶ 1:16:17.

• Rep. Jahana Hayes (D-CT): Cited NLRB staffing below 75% of need and a proposed $14 million FY27 cut▶ 1:23:35; noted a Connecticut law banning captive-audience meetings was upheld in federal court▶ 1:26:23.

• Rep. Ilhan Omar (D-MN): Pressed Carey on her Morgan Lewis ties to Amazon and the Palmdale settlement that avoided a joint-employer finding▶ 1:33:59▶ 1:36:31; noted Carey told Sen. Hawley in her confirmation hearing she would recuse from Amazon matters▶ 1:36:09.

Key moments

• Murphy testified the board's pending caseload dropped from 591 to 387 cases in five months (352 disposed against 152 new filings)▶ 0:22:15.

• Carey said the House Appropriations Committee's initial FY27 proposal of $200 million is $84–85 million below OMB's $285 million request and would require cutting 300–460 full-time employees▶ 0:27:41▶ 0:58:44.

• Mannion pressed Carey on the historical rule that settlements below 80% of back pay were unacceptable; Carey said that threshold was "thrown out the window" under her predecessor and she now starts negotiations at 100% plus▶ 0:45:29▶ 0:46:04.

• A Republican member cited the Cerberus International case, where only 1 of 8 eligible workers voted to unionize the entire workplace, and Murphy called it "concerning" and "an aberration"▶ 0:59:57▶ 1:01:04.

• Khanna established that workers cannot bring a private right of action for unfair labor practices and must rely solely on the NLRB, which Carey confirmed▶ 0:55:07▶ 0:55:40.

• Omar highlighted that Carey represented Amazon at Morgan Lewis, that her recusal obligation expired in December 2024 before she was sworn in, and that she had told Sen. Hawley in her confirmation hearing she would recuse from Amazon matters▶ 1:35:44▶ 1:36:09▶ 1:36:18.

• Carey disclosed roughly 18,000 cases remain pending in the investigatory stage and said at current staffing "it will be years" before the pre-2021 backlog level is restored▶ 1:15:07▶ 0:53:20.

• Fox pressed Murphy on the Stericycle and Lion Elastomers decisions' tension with Title VII; Murphy said he would like to "reconsider" whether those cases were correctly decided▶ 1:09:20▶ 1:09:43.

• Carey said the agency is about 43% understaffed compared to a decade ago and has hiring authority for only about 167 new positions this fiscal year▶ 0:27:21▶ 0:58:16.

• Scott established that NLRB remedies for unlawfully fired workers are limited to reinstatement, back pay, and notice-posting, with no fine-based penalty▶ 1:16:17▶ 1:17:19.

Metadata

CommitteeHouse Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions
Chamber / CongressHouse · 119th Congress
DateJune 4, 2026
TypeHearing
Witnesses
The Honorable James Murphy — Chairman, National Labor Relations Board (NLRB)
The Honorable Crystal Carey — General Counsel, National Labor Relations Board (NLRB)
Videoyoutube
Transcript342 caption blocks · 14,855 words · 1:42:58 runtime
EventCongress.gov 119349