Many employers are asking what, if anything, is happening at the National Labor Relations Board (NLRB). The NLRB's recent instability has left employers struggling to understand what the current status of the Board is and what to expect next.
The State of the NLRB Under President Trump
In his first week in office, President Donald Trump terminated NLRB General Counsel Jennifer Abruzzo and subsequently appointed long-time NLRB Regional Director William Cowen as Acting General Counsel. In an unprecedented move, Trump then fired NLRB Board Member, Gwynne Wilcox – a democratic appointee – and the Chair of the NLRB. Wilcox challenged her termination. The Supreme Court recently ruled against reinstating her while she continued her challenge, and the parties fully briefed and argued their positions. Notably, in the May 22, 2025 unsigned decision, in a 6-3 ruling the court suggested that the president likely has the constitutional authority to terminate NLRB members.
Where Things Stand Today
The Board, which remains reduced to two members (one Republican appointee and one Democratic appointee), does not have a quorum (three board members are needed), and cannot adjudicate cases or set new legal precedent. The last time this happened, the Board attempted to continue business as usual. However, inNew Process Steel v. NLRB,the Supreme Court held that the Board could not act without a quorum and invalidated all Board decisions issued when it had only two members. Until at least one of the vacant Board positions is filled, the Board cannot act. With that being said, employers should understand that the regional NLRB offices will continue to process unfair labor practice charges and determine whether charges have merit. Where regions find that charges have merit, they will seek settlement and, if the case is not settled, issue a complaint. Furthermore, regions will continue to process representation case petitions for representation, hold administrative hearings, conduct elections and certify election results. However, there will be no appeals to the NLRB from administrative law judge decisions until the NLRB has a quorum.
What to Expect from the NLRB Moving Forward
I had the opportunity to hear Acting General Counsel Cowen speak recently and took away two main points: (1) Budgetary restrictions – specifically those imposed by the Department of Government Efficiency (DOGE) – have brought most agency action to a halt and (2) the agency will be moving away from the prior General Counsel's pro-labor initiatives and back toward enforcing long standing Board precedent. One case that will likely receive the NLRB's focus, either from the General Counsel or the Board once it has a quorum, is the 2022Thryv, Inc.decision that greatly expanded remedies that could be imposed against employers to include consideration of significant financial costs, such as out-of-pocket medical expenses, missed mortgage payments, credit card debt or other costs that are a direct or foreseeable result of the unfair labor practices by employers. Prior to this decision, the NLRB was generally constrained to awarding employees back pay and reinstatement in situations where they were terminated in violation of the National Labor Relations Act
If employers are wondering about the status of an unfair labor practice charge, the likely answer is that Board staff are currently preoccupied with the impacts of the DOGE, budgetary restraints and being understaffed. The normally slow-moving speed of the NLRB is now almost at a standstill. By no means should employers take this as a sign that labor laws and current precedent will not be enforced. Employers should continue to appropriately respond to unfair labor practice charges alleging that they have violated the National Labor Relations Act, or to representation petitions filed by labor organizations.
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