Two weeks after his inauguration, President Donald Trump continues to make unprecedented moves to impact the National Labor Relations Board (NLRB).
Trump Ousts NLRB Acting General Counsel
Since Inauguration Day, President Donald Trump has worked to reshape the NLRB by firing General Counsel Jennifer Abruzzo, Board Member Gwynne Wilcox, and now acting General Counsel Jessica Rutter. These removals have handicapped the decision-making power of the NLRB, which now has just two members and lacks the necessary quorum to issue decisions. This prevents a Democrat-majority Board, which continued to exist until Wilcox’s removal, from issuing decisions that run counter to the changes that President Trump wants to make in the Board’s approach. In removing Wilcox, President Trump directly challenges the statutory protections that typically shield Board members from being removed without cause. The constitutionality of President Trump’s executive power to remove independent agency officials will undoubtedly be tested in courts and could impact the future of the NLRB and U.S. labor law.
The Board Moving Forward
The Board now consists of two members, Democrat David Prouty and Republican Marvin Kaplan, and has three vacant seats. This will allow the President to fill those slots with Republican nominees and return the Board to a Republican majority. However, the Board will not be able to issue decisions until the Senate confirms at least one new member.
Employer Takeaways
Although the Board currently lacks the quorum required to issue decisions, the NLRB Office of the General Counsel’s Field Offices will continue their normal operations of processing unfair labor practice cases and representation cases. Regional directors will process petitions for election and administrative law judges will issue decisions on unfair labor practices. But, cases pending before the Board will be at a standstill. While Biden-era precedent remains controlling, and field offices will be bound to follow it, we expect to see swift action to reverse many of the decisions issued by the Board over the last four years, once Board seats are filled.
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