Skip to Content
February 2025
While National Labor Relations Board (“NLRB” or “Board”) General Counsel Jennifer Abruzzo’s termination by President Donald Trump was expected, his removal of Board Member Gwynne Wilcox came as somewhat of a surprise. As a result of Wilcox’s removal, the Board is left without a quorum and unable to issue decisions in cases until a new member is appointed. The appointment process to the five-seat Board can take months as any nominee must be confirmed by the U.S. Senate.
As I indicated in a previous article, the shakeup of the Board is a clear indication the new Trump Administration intends to completely remake the agency and reverse many of the Board’s decisions and policies under the Biden Administration.
What Next?
The Board currently consists of two members: Democrat David Prouty and Republican Marvin Kaplan. Kaplan was appointed Chair by President Trump on Jan. 21, 2025.
Although the U.S. Senate confirmed Wilcox to a second five-year term in September 2023, Trump removed Wilcox, which will no doubt lead to a legal challenge that he exceeded his authority under the National Labor Relations Act (“Act”). The Act provides that the president can remove a Board member only “upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.”
Not surprisingly, many employers and business groups are already challenging the limits to the president’s removal authority. They argue the removal protections for both Board members and administrative law judges are unconstitutional. As the legal challenges play out across federal courts, the U.S. Supreme Court will likely have to weigh in on the issue in the end.
Presently, the Board has three vacant seats, with at least two available for Trump to fill with Republican nominees and return the Board to a Republican majority. The Board cannot issue decisions, however, until the U.S. Senate confirms at least one new member to achieve a three-member quorum.
Status of General Counsel Position
In addition, the Board announced that Deputy General Counsel Jessica Rutter replaced Abruzzo as acting General Counsel. As many of you are aware, Abruzzo has been a lightning rod for criticism from employers and business groups during her tenure. Abruzzo’s termination was widely expected especially after former President Joe Biden fired then-General Counsel, Peter Robb shortly after taking office.
Trump is expected to select a new General Counsel in the coming months. The new General Counsel is expected to take the necessary steps that will lead to the return of more employer-friendly standards and rules.
What This Means for Employers
It is expected that there will be a delay in cases getting resolved until a new Board member is confirmed. The Board is unable to issue decisions for the time being, however, underlying cases will proceed and expect regional directors to continue to process petitions for election and administrative law judges will issue decisions on unfair labor practices.
Finally, as with most things with the Trump Administration, expect continued swift and sweeping changes to the Board and labor laws as President Trump returns to a more employer-friendly approach and guts the pro-union decisions issued under the previous Biden administration.
Written by:
Scott M. Zurakowski
Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A.
330-497-0700
szurakowski@kwgd.com