President Trump has dismissed key figures at the National Labor Relations Board (“NLRB”), including Board Member Gwynne Wilcox, General Counsel Jennifer Abruzzo, as well as the NLRB’s second-ranked attorney, NLRB Deputy General Counsel Jessica Rutter. On February 3, President Trump appointed William Cowen as NLRB Acting General Counsel. The Senate must confirm any eventual appointee by President Trump to serve as the NLRB General Counsel.
With the firing of these NLRB members, we expect to see the rescission of memos previously issued that broadened the scope of protected employee activities by targeting issues like non-compete agreements, joint employer standards, and expanding union access.
It is also important to note that the Board is now officially without a quorum and consists of only two Members: Republican Chair Marvin Kaplan and Democratic Member David Prouty. NLRB requires a three-member quorum to issue decisions. Thus, without a quorum, the Board cannot adjudicate cases or set new legal precedent. However, Regional Offices will continue to operate and process representation petitions, conduct elections, and certify results without a Board quorum. Thus, all existing and future appeals will be in limbo for the foreseeable future, but employers should remain alert for administrative, rulemaking, or interim guidance from the new General Counsel.
Despite these shakeups, the NLRB remains in full effect and employers are still responsible for compliance with all existing laws and standards. Accordingly, employers should examine their employee handbooks, work rules, and disciplinary procedures to confirm they meet the most recent NLRB standards. If you have any questions about the subject of this article and its implications for your business, please contact Poricanin Law.le and its implications for your business, please contact Forework.