Why Workers Need a Pro-Labor NLRB

Leslie is joined by Megan Salrin and Jimmy O'Donnell of the United Steelworkers (USW).

The trio analyzes why workers need a Pro-Labor National Labor Relations Board (NLRB).

In one of his early acts as president, Donald Trump not only fired National Labor Relations Board General Counsel Jennifer Abruzzo but also removed NLRB member Gwynne Wilcox.
Firing Wilcox upended nearly 90 years of Supreme Court caselaw and left the NLRB unable to perform its vital mission of upholding workers’ rights.

So what is the NLRB, and why do workers depend on it to ensure they have a voice on the job?

The NLRB is an independent federal agency tasked with safeguarding workers rights in a number of ways.
        - It oversees union elections – and ensures that employers abide by the law when workers seek to organize.
        - It also prevents and remedies unfair labor practices, again ensuring that workers are free to engage in concerted activity and access their rights under the National Labor Relations Act.
   
The NLRB is headquartered in Washington, D.C., and has 26 different Regional Offices.
        - There are five seats on the Board, which are filled through presidential nomination and then Senate confirmation.
        - The members serve five-year terms, and the terms are staggered so that one seat is supposed to be open each year – though delays can cause vacancies to occur.
   
The NLRB shapes labor law in several ways including by issuing decisions on cases, which sets national precedent, and by issuing rule making.
        - Because the president nominates members to the board, they have the ability to influence how it operates based on their priorities.
        - Pro-worker presidents traditionally appoint members who take the job to enforce workers rights’ seriously while pro-corporate leadership effectively limits workers’ ability to form unions and collectively bargain.      
         - Under the previous administration, for example, the NLRB made key advances when it came to leveling the playing field for workers, such as banning the captive audience meetings employers too often used to try to thwart union elections.

Currently, the board is down to just two members, which means it does not have a quorum and cannot make decisions or enforce labor laws. That means:
    - Workers facing unfair treatment—like illegal firings, intimidation, or bad-faith bargaining—could be left waiting months or even years for justice.
    - Striking and organizing workers will have fewer protections.
    - Employers who break the law may get away with it if cases can’t be heard.
    - Furthermore, this upheaval has emboldened greedy corporations looking to block workers from exercising their rights.
       - For example, Whole Foods (which is owned by Amazon) is arguing that they will not recognize a union formed in January because of the lack of quorum at the Board.

An NLRB member can only be fired for serious misconduct—like neglecting their job or breaking the rules. No President has ever fired a Board member like this before, and there does not appear to be any valid reason to remove Wilcox.
    - Wilcox filed a lawsuit in response to her firing. While a DC District Court judge ruled in her favor and reinstated her, her case has gone through a number of appeals and is now headed to the Supreme Court, which recently once again removed her from her position until it can rule on the merits of the lawsuit.
      - Oral arguments are due to begin on May 16, which means between now and then the board is again hobbled.  

As more and more workers signal that they want the protections of a union contract it’s essential that we have a labor board that takes its job seriously.
    - This means allowing members like Wilcox to finish their terms.
    - And pushing our elected leaders to nominate and confirm qualified members who will take the job of protecting workers seriously.

Megan Salrin is the National Coordinator for the United Steelworkers’ Rapid Response program, the union’s nonpartisan initiative for education, communication, and action on legislative and policy issues affecting USW members. Before this role, she served in USW’s Legislative and Policy Department and worked for several Members of Congress from the Midwest.

Jimmy O'Donnell is a Legislative Representative for the USW, where he advocates for pro-worker policies related to labor rights, workplace health and safety, clean energy manufacturing, and workforce development. Previously, Jimmy spent several years working at the Brookings Institution in Washington, D.C.

Follow the USW on Facebook, Instagram and X, using the handle @steelworkers, and visit their website at USW.org. Also, check them out on Blue Sky where their handle is @steelworkers.bsky.social.