LABOR RELATIONS
NLRB GETS NEW TOP PROSECUTOR, SIGNALS NEW POLICY DIRECTION In a widely anticipated move, President Trump swiftly fired National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo. Before the president appointed Crystal Carey (subject to Senate confirmation) to replace Abruzzo, Acting GC William Cowen wasted no time rolling back his predecessor’s policies that took expansive views of workers’ rights. Read more about Abruzzo’s termination and Cowen’s kickoff to a shift in U.S. labor laws. BOARD MEMBER WILCOX BATTLES FOR JOB AFTER TERMINATION FROM NLRB Trump’s unprecedented firing of NLRB Board Member Gwynne Wilcox led to a court battle and to Wilcox’s reinstatement, removal, (repeat). Most recently, Chief Justice John Roberts ruled that her termination should stay in place until either he or the full Court issues a final decision. Read more about Wilcox’s surprising dismissal and the next steps in this saga.
NLRB IN LIMBO WITHOUT A QUORUM (FOR NOW) The recent NLRB shakeups have created compliance confusion for some employers. While the Board currently lacks the three- member quorum it needs to adjudicate cases or set new legal precedent, its other functions — as well as existing labor laws and standards — remain in play. Read more about what the Board can and can’t do during this limbo period.
Predictions for Next 100 Days... and Beyond
• The NLRB’s recent personnel changes and policy rescissions create new uncertainties that will either slow or accelerate petition activities, leading to shifts in union strategies, employer responses, and organizing efforts. Our interactive map remains a key tool to monitor these developments in real-time (click here for five recent trends it revealed). • The new NLRB will view the rule of labor law differently, but the Acting GC’s Feb. 14 memo does not actually undo the current application of any Biden-era decisions. It will take time for the NLRB itself to potentially reverse that precedent, perhaps years even. • The Supreme Court will decide whether the president holds the power to terminate the leaders of independent agencies, which will provide certainty in an otherwise uncertain labor environment.
Steven M. Bernstein Regional Managing Partner and Co-Chair, Labor Relations Practice Group Tampa sbernstein@fisherphillips.com
Todd A. Lyon Partner and Co-Chair, Labor Relations Practice Group Portland, OR / Los Angeles / San Francisco / Seattle tlyon@fisherphillips.com
Joshua D. Nadreau Regional Managing Partner and Vice Chair, Labor Relations Practice Group Boston / Portland, ME jnadreau@fisherphillips.com
BACK TO HOME
Made with FlippingBook Online newsletter maker