Bass, Berry & Sims attorneys Tim Garrett and Hunter Yoches authored an article for HR Daily Advisor outlining the recent changes to the National Labor Relations Board (NLRB) announced within the first few weeks of the Trump administration.
At the start of the second Trump administration, the NLRB had two seats open, giving President Trump the ability to immediately reshape the agency’s political leaning by appointing two Republican individuals to those seats. Trump appointed NLRB Republican Board Member Marvin Kaplan as Chairman in his first day in office and fired Democrat Board Member Gwynne Wilcox in his first week. Wilcox has since sued President Trump on the grounds that her termination was in violation of the National Labor Relations Act.
In the article, Tim and Hunter highlighted notable decisions that the new NLRB is expected to overturn, including the likelihood that a Republican majority in the NLRB could result in the reversal of various pro-union decisions of the Biden NLRB.
Along with firing a member of the NLRB, President Trump has also fired NLRB General Counsel Jennifer Abruzzo, who had supported an aggressive pro-union agenda. The replacement appointment by President Trump could immediately make changes to the NLRB by rescinding memoranda that Abruzzo had issued. As of February 14, Acting General Counsel William Cowen rescinded almost all of Abruzzo’s substantive prosecutorial guidance memoranda.
“In conclusion, whether it be through a newly composed NLRB, the new general counsel or the federal court system, these changes are expected to create a significant shift in labor law across the nation during the second Trump presidency,” said Tim and Hunter. “Ultimately, it is expected that this shift will likely benefit employers and give what employers consider greater freedom to operate their businesses without having to worry that an overly aggressive NLRB will come knocking on their door.”
The full article, “Big Changes Are Coming to the NLRB with President Trump’s Second Term,” was published by HR Daily Advisor on February 26 and is available online.