Understanding the repercussions and effect on workers

By Ernest B. Orsatti, Esquire

President Trump effectively paralyzed the National Labor Relations Board (NLRB) when he fired General Counsel Jennifer Abruzzo and Board member Gwynne Wilcox, leaving the NLRB without a quorum.

Abruzzo’s firing was expected, as she was a pro-labor Biden appointee, and the courts have previously upheld the President’s authority to remove General Counsel. But  the National Labor Relations Act states that board members can be removed “for neglect of duty or malfeasance in office, but for no other cause.”  Wilcox calls her firing illegal and vows to pursue legal action.

The Board, statutorily made up of five members, was already shorthanded by two members. The removal of Ms. Wilcox left the Board without a quorum, meaning they cannot adjudicate even routine cases. Trump has just appointed William Cowen as Acting General Counsel.  Cowen previously served as Chief of Staff to Republican Member of the NLRB and was appointed by President Bush as a Republican member of the NLRB.  Cowen  will likely reverse many of the pro-union policies of former General Counsel Abruzzo.  In the meantime, the operations of the NLRB are effectively shut down. AFL-CIO President Liz Shuler issued a statement:

President Trump’s firing of NLRB member Gwynne Wilcox, the first Black woman to serve on the board, is illegal and will have immediate consequences for working people. By leaving only two board members in their posts, the President has effectively shut down the National Labor Relations Board’s operations, leaving the workers it defends on their own in the face of union-busting and retaliation. Alongside the firing of NLRB General Counsel Jennifer Abruzzo, these moves will make it easier for bosses to violate the law and trample on workers’ legal rights on the job and fundamental freedom to organize. Member Wilcox has already indicated she will challenge her firing, and we fully expect she will succeed in the courts and be restored to her position so she can continue to be a critical pro-worker voice on the NLRB.

The NLRB was created in 1935 and has always been independent of the White House. Approximately two dozen companies, including Elon Musk’s SpaceX and Amazon, have filed lawsuits claiming the NLRB has too much unchecked power to shape and enforce labor law. These companies want to make it harder for workers to form unions and collectively pursue fair wages and working conditions, even as their shareholders grow richer, and workers’ wages stagnate.

The morale at NLRB is extremely low.  Rumors of funding cuts and layoffs are causing career Board agents to look for other jobs.  The labor lawyers at Quatrini Law Group will continue to passionately advocate for the rights of our union clients and their members.