NLRB faces existential challenges

There are many uncertainties about the actions of President-elect Donald Trump. One thing is certain: National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo will be fired at once. In this (perhaps unique) instance, the president will be completely emulating his predecessor Joe Biden, who took the then-unprecedented step of firing NLRB GC Peter Robb on day one of his term. The termination of GC Abruzzo will be the first step in what is likely to be the most comprehensive reversal of policy and practice in any federal agency.

Chair nomination battle

An indicator of how quickly changes at the Board will occur—or whether there will be a mini-Constitutional crisis—depends on the pending nomination of NLRB Chair Lauren McFerran during the “lame duck” session of Congress, in which the Democrats have a slim Senate majority. Majority Leader Chuck Schumer has been unable to assemble a majority for McFerran since her renomination in August, deterred both by absentee candidates and resistance within his party, particularly from departing Senators Joe Manchin and Kyrsten Sinema.

A great deal is riding on this vote. If McFerran is reseated as chair, she would begin a five-year term and assure a Democratic majority on the NLRB well into 2026. The lobbying on this vote is intense. Prolabor advocates see it as the only way to delay the wholesale reversal of numerous rulings promoting unions and worker rights. Conversely, opponents view a Democratic majority on the Board as a rejection of the clearly stated will of the voters. As much as seating judges, Schumer’s legacy rides on this outcome.