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As expected, the Trump administration has shifted the National Labor Relations Board (“NLRB”) into a new era marked by notable changes that will reshape the Board. The first and most significant of these changes is the termination of Board Member Gwynne Wilcox. The second is the termination of General Counsel Jennifer Abruzzo. The removal of Wilcox leaves the NLRB down to two Members, a Democrat and a Republican, and without a quorum for decision making and other actions until the President fills at least one of the three current vacancies. These changes raise many questions as to what is in store for the NLRB and its ability to perform its main functions.
As discussed further below, employers should consider the impact of these decisions on pending cases before the Board, consider asserting affirmative and procedural defenses early and often, and stay aware of rapidly developing changes expected to take effect over the coming months.
Blog Editors
Recent Updates
- President’s Termination of NLRB General Counsel and Member - What Does This Mean?
- NLRB Finds Lawful Employer Statements to Employees Are Unlawful Going Forward
- NLRB General Counsel Calls for Harsh Remedies for Employers Requiring Non-Competes, "Stay or Pay" Provisions
- NLRB Issues Complaint Alleging Business-to-Business No-Poaching Agreements Violate Employees’ Rights in Latest Attack on Restrictive Covenants
- Western District of Texas Says NLRB Structure Unconstitutional, Issues Injunction Preventing SpaceX Unfair Labor Practice Hearing from Proceeding