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Tuesday, August 5, 2025

Top Five Labor Law Developments for June 2025 - The National Law Review

  • President Donald Trump is expected to nominate at least two National Labor Relations Board members in the coming months, as the five-member Board remains without a quorum to issue decisions. Shortly after Trump took office, he terminated former Board Member Gwynne Wilcox, leaving the Board short of a quorum. Trump’s nominations must be confirmed by the Senate. Trump recently nominated management-side attorney Crystal Carey as the next Board General Counsel (GC), but the Senate has not yet voted on her nomination. If confirmed, Carey will serve as the head of the Board’s prosecutorial arm.
  • Bloomberg Law reported that Board Acting GC William Cowen suggested that U.S. Supreme Court precedent may not apply to removal protections for federal agency leaders. Cowen’s comment, made during a conference, stems from President Trump’s removal of Wilcox as a Board member before the expiration of her term. In the lawsuit following her termination, Wilcox cited for support the U.S. Supreme Court’s 1935 decision in Humphrey’s Executor, in which the Court upheld the constitutionality of for-cause removal protections for federal agency leaders. The Trump Administration, however, has asserted that subsequent case law narrowed that decision’s applicability to multimembers agencies that “do not wield substantial executive power,” which the Board does. Wilcox’s lawsuit is now before the U.S. Court of Appeals for the D.C. Circuit.
  • The U.S. Supreme Court agreed on June 30 to review a case...


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