Change on the horizon: NLRB continues shift to more employer-friendly policies

Under the Biden administration, the National Labor Relations Board (NLRB) was aggressive in implementing employee- and union-friendly decisions and interpretations of the National Labor Relation Act (NLRA). Within a week of being sworn in, President Trump started reversing that trend. For the last three months, the shift toward a more employer-friendly view of the NLRA has continued and is expected to move forward.

Clearing the Board

On January 27, 2025, Trump fired NLRB General Counsel Jennifer Abruzzo, a Biden appointee who replaced Peter Robb, the holdover general counsel from the first Trump administration. Biden terminated Robb and replaced him with Abruzzo shortly after taking office in 2021. The firing was subsequently upheld by a U.S. appeals court, who ruled the president had the authority to do so. Because the general counsel interprets the NLRA and decides which cases should be heard by the Board, the appointment of a new, handpicked general counsel is significant.

Moreover, Trump also fired NLRB Chair Gwynne Wilcox. On March 6, a federal judge ruled the termination violated the NLRA and ordered the administration to reinstate her. On March 28, however, the U.S. Court of Appeals for the District of Columbia ruled that Wilcox should remain unseated for now. Whether Trump has the authority to fire and replace holdover Biden-appointed Board members will continue to be an issue for the courts to sort out.

Picking new players