- President Donald Trump removed National Labor Relations
Board member Gwynne Wilcox and General Counsel (GC) Jennifer
Abruzzo and appointed a new interim GC. While Abruzzo's
termination was widely expected, Wilcox's discharge is
unprecedented. The National Labor Relations Act allows the
president to remove a Board member only "upon notice and
hearing, for neglect of duty or malfeasance in office, but for no
other cause." Trump said he "lack[ed] confidence" in
Wilcox and Abruzzo and claimed the Act's limitation on his
removal of Board members is inconsistent with his executive power
under the Constitution. Wilcox's removal leaves the Board
without a quorum to issue decisions until President Trump appoints
a third member confirmed by the U.S. Senate to the five-seat Board.
The Board, however, published a notice confirming administrative
cases and petitions for election will continue despite its
inability to issue decisions. Although Wilcox has challenged her
removal in a federal lawsuit, President Trump potentially has three
Board vacancies to fill. The president also appointed William
Cowen, a former Board member and the current regional director of
the Board's Los Angeles office, as acting GC until he names his
GC nominee for Senate approval.
- Union membership declined in 2024, according to a Bureau of
Labor Statistics report. Overall union membership dropped from
10% in 2023 to 9.9% in 2024, a continued decline since membership
peaked in the 1950s. The private sector union membership rate also
dipped slightly, from 6% in 2023 to 5.9% in 2024. Private sector
industries with the highest union membership rates in 2024 included
utilities, transportation and warehousing, and educational
services. Overall, the number of private sector union members
declined by 184,000 in 2024, while the number of public sector
union members remained steady.
- Former Board GC Abruzzo issued a memorandum addressing the
interplay between the Act and equal employment opportunity (EEO)
laws. The memo provides guidance for employers on harmonizing
the laws, including navigating potentially harassing employee
conduct during activities otherwise protected by the Act and
implementing strategies to prevent conflicts. The memo suggests
best practices to comply with obligations under both the Act and
EEO laws, such as clear and narrowly tailored workplace civility
and investigative-confidentiality rules with disclaimers, regular
training sessions on compliance and workplace norms, and open
communication between employees and management. The viability of
the memo is uncertain under the new Trump Administration, however,
as it is likely President Trump will appoint a new GC who will
rescind many of former GC Abruzzo's memos.
- The Federal Trade Commission (FTC) clarified that
independent contractors and gig workers are protected from
antitrust liability when organizing and collectively
bargaining. The policy statement, issued during the final days
of the Biden Administration, aims to support gig workers (such as
rideshare and food delivery drivers) seeking improved workplace
conditions without a formal employer-employee relationship with
their company. The Norris-LaGuardia Act of 1932 exempts organized
labor engaged in protected bargaining from liability under the
Clayton Antitrust Act, but courts have yet to consider whether the
Norris-LaGuardia Act exemption extends to independent contractors,
according to the FTC. Newly appointed Republican Commissioner
Andrew Ferguson criticized the policy statement, saying it would
not bind the agency. He also said the Biden Administration should
not have been making policy changes immediately prior to
Trump's inauguration.
- The International Longshoremen's Association (ILA) and the U.S. Maritime Alliance (USMX) reached a tentative six-year contract, averting another work stoppage. The contract provides job guarantees amid concerns that automated technology would replace many union jobs. It also provides a 62% pay raise that was previously agreed to prior to a three-day strike in October 2024. The parties jointly stated, "This agreement protects current ILA jobs and establishes a framework for implementing technologies that will create more jobs while modernizing East and Gulf coasts ports – making them safer and more efficient, and creating the capacity they need to keep our supply chains strong." If ratified by the workers, the contract will avoid another strike that could disrupt the nation's supply chain.
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