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Something in the air: Trump administration makes changes at NLRB

May 2025 employment law letter
Authors: 

Christopher M. Toner, Axley Attorneys

Since President Donald Trump took office in January 2025, the National Labor Relations Board (NLRB) has taken steps to reshape its policy priorities in interpreting and enforcing the National Labor Relations Act (NLRA). These developments include leadership changes, policy updates, and revisions to memoranda issued by the general counsel.

What changes have been made?

On January 27, 2025, the president attempted to remove NLRB member Gwynne Wilcox, which effectively stalled the agency’s ability to adjudicate cases due to a lack of quorum. The move has raised legal and constitutional concerns regarding the president’s authority to dismiss members of independent federal agencies.

Wilcox filed a lawsuit in the U.S. District Court of the District of Columbia, arguing that the president doesn’t have the authority to remove a sitting NLRB member without cause. U.S. District Court Judge Beryl Howell reinstated Wilcox for the remainder of her term (ending August 27, 2028), finding that the president doesn’t have the authority to remove a sitting NLRB member without notice or hearing and without cause. The case will proceed through the appellate process.

Revisions to general counsel memoranda

In addition, NLRB General Counsel (GC) Jennifer Abruzzo was also dismissed on January 27 and replaced with interim GC William B. Cowen.

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