To say that the past fifty days have been a period of significant changes at the National Labor Relations Board (“NLRB” or “Board”) is surely an understatement.
On January 27th, the President terminated Biden appointee Jennifer Abruzzo from her role as the Board’s General Counsel and on February 3rd appointed William Cowen, a career Board lawyer, to serve as Acting General Counsel.
That same day, the President fired Gwynne Wilcox from her position as a Member of the Board. The firing of Wilcox left the Board without a quorum, which it must have to issue decisions and engage in rulemaking. Wilcox brought a lawsuit in the U.S. District Court for the District of Columbia challenging her termination and seeking a declaratory judgment holding that the President could not terminate a Board Member other than for cause as defined in the National Labor Relations Act (the “Act”) and seeking her immediate reinstatement to her seat on the Board. On March 6, 2025, U.S. District Judge Beryl A. Howell granted Wilcox summary judgment and ordered Board Chair Marvin Kaplan to reinstate her for the remainder of five-year term which is set to expire on August 27, 2028. So where does this leave employers, unions and anyone else who has business before the Board?
While we believe these changes mean more employer-friendly labor policies coming down the road during a Trump administration, we provide a summary below of the current state of affairs and how to comply with existing law in the...
In This Article: WBA +0.78% Walgreens agreed to pay the United States $300M, plus interest at a rate of 4.00% per annum accruing from October 20, 2024, of which $150M shall constitute restitutio...