Firings Leave NLRB in Limbo, Signal Reboot of Labor Law Enforcement
In overnight firings, President Donald Trump terminated the Democrat-appointed chair of the National Labor Relations Board (NLRB) and its general counsel. One of the terminations was unexpected. It is likely to spark a legal challenge and at least temporarily create a logjam in the agency’s ability to issue decisions. Both firings point to the beginning of significant changes in labor law enforcement.
President Trump terminated Gwynne A. Wilcox as chair of the NLRB, less than two months after former President Biden appointed her. Wilcox’s removal leaves only two members on the NLRB, Republican-appointed Marvin Kaplan and Democrat-appointed David Prouty. The NLRB cannot issue decisions on labor disputes in the absence of at least a three-member quorum. This could delay unfair labor practice complaints filed in the near future and those currently waiting for a decision, keeping both employers and employees in limbo.
Wilcox issued a statement that she will pursue all legal avenues to challenge her removal. The firing is expected to trigger a legal challenge under the National Labor Relations Act rule that a president can only terminate NLRB members “upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.”
Much less surprising, and with recent precedent, was President Trump’s firing of NLRB General Counsel Jennifer Abruzzo, whose term was set to end in July. On Inauguration Day in 2021, then-President Biden fired Republican-appointed NLRB General Counsel Peter Robb. Federal courts upheld his right to terminate the NLRB’s general counsel.
During Abruzzo’s tenure as general counsel, many in the business community accused her of pushing pro-union positions that exceeded the NLRB’s authority. This included efforts to block noncompete enforcement and ban captive-audience meetings by employers seeking to advocate against union campaigns in the workplace.
These early personnel changes at the NLRB may foretell a business-friendly trend at the agency. However, the president also nominated former Republican U.S. Representative Lori Chavez-DeRemer as Secretary of Labor. Some lawmakers and business groups have commented that Chavez-DeRemer’s congressional record includes support for several pro-union initiatives, including The Right to Organize Act and the Public Service Freedom to Negotiate Act.
Transitions at the NLRB and the other employment-related agencies, such as the Department of Labor and the Equal Employment Opportunity Commission, remain fluid. Phelps will continue to provide updates. Contact Mark Fijman or any member of the Phelps labor and employment team with questions or for advice and guidance.
