We are about 100 days into President Donald Trump’s second term, and there remain many open questions at the National Labor Relations Board (“Board” or NLRB). Most significantly, the Board currently lacks a quorum to take meaningful action, and many leadership roles remain open.
The Board currently (and once again) lacks a quorum.
After a flurry of court decisions, the Board has just two sitting Board members (Chairman Marvin Kaplan, a Republican, and Board Member David Prouty, a Democrat), leaving the Board one member shy of a quorum. Absent a quorum, the Board lacks the power to take meaningful actions, such as issuing decisions in representation and unfair labor practice cases, which commence at regional offices and then percolate through the agency, up to the Board members. There currently are no pending nominations to fill the three vacant Board seats. Unless and until the Board has a Republican majority, we do not expect to see the anticipated rollback of pro-union decisions that the agency issued during the Biden administration.
By way of background, shortly after taking office, President Trump removed then-Board Member Gwynne Wilcox from office during her five-year term. It was the first time a President took such action. Following Wilcox’s firing, she initiated a lawsuit in the United States District Court for the District of Columbia to challenge her removal. The D.C. district court sided with Wilcox, putting her back in office. A few weeks later, on appeal, a...
Business The Managing Director of PWAN Plus Business Concerns Ltd, Prof. Julius Oyedemi has refuted allegations made by social media influencer, Scott Iguma, over the ownership and allocation of la...