It’s been a little more than a week since Inauguration Day, but the seismic shifts of presidential change in Washington, D.C. continue, now extending to and impacting the National Labor Relations Board (NLRB or Board). On January 28, President Donald Trump shook up the NLRB with two major personnel decisions: one anticipated, the other unprecedented.
In an expected move, President Trump fired Jennifer Abruzzo, the union-friendly General Counsel of the NLRB appointed under former President Joe Biden. But Trump also fired NLRB member Gwynne Wilcox, a Democrat also appointed by President Biden, leaving the Board with only two members.
In an early morning press release, now former NLRB General Counsel Jennifer Abruzzo announced that Tuesday, January 28, would be her final day on the job. The NLRB General Counsel serves as the agency’s chief prosecutor, selecting the cases to be heard and decided by the Board. Abruzzo’s departure should be welcome news to many employers. During her tenure, among other pro-union moves, she issued a slew of memoranda directing the work of the agency into controversial territory. For example, Abruzzo pursued aggressive enforcement action against employer non-competition and non-solicitation agreements, as guided by a May 2023 memorandum she authored wherein she articulated her view that restrictive covenants like non-competes “generally violate federal labor law.” A new Trump-appointed General Counsel is anticipated to rescind that memorandum and many others in which Abruzzo directed her enforcement efforts in the direction of her overtly pro-union interpretation of the National Labor Relations Act.
Likewise, a Trump-appointee majority NLRB is expected to abandon many of the Biden-era decisions issued by the formerly Democrat-appointee majority Board. However, right now, the Board cannot act, as it does not have a quorum of three members following the ouster of Member Wilcox. The only current Board members are Republican Marvin Kaplan, who President Trump appointed NLRB Chairman shortly after inauguration, and Democrat David Prouty. At least one of the three currently vacant Board positions will have to filled before the Board can resume issuing decisions. When that will happen is unclear.
We expect and will track additional changes at the NLRB under the Trump Administration. If you have any questions about these issues or the impact of the new administration, please reach out to any member of Squire Patton Boggs’ Labor and Employment practice group.