Posts tagged Gwynne Wilcox
Teamsters’ President O’Brien Shares ‘Inside Baseball’ Into NLRB and PRO Act Machinations in Washington “The PRO Act was going to be used as a political pawn.”
March 6, 2025 // When Williamson goes after Trump for “destroying” the National Labor Relations Board (NLRB) by firing Gwynne Wilcox, O’Brien explains the “inside baseball” being played inside Washington, explaining to Williamson how the “PRO Act was going to be used as a political pawn” (by Democrats). O’Brien then explains how the Teamsters are working with Democrats and Republicans to enact a “version” of the PRO Act and how his union avoids using the NLRB.
Starbucks Employee’s Constitutional Challenge to Labor Board Structure Fully Briefed at DC Circuit Court of Appeals
February 25, 2025 // On April 28, 2023, Cortes submitted a petition, supported by a majority of her colleagues, asking the NLRB to hold a decertification election at her Buffalo-area “Del-Chip” Starbucks store to remove Starbucks Workers United (SBWU) union officials’ bargaining powers over workers. However, NLRB Region 3 rejected Cortes’ petition, citing unfair labor practice accusations made by SBWU union officials against the Starbucks Corporation. Notably, there was no established link between these allegations and the employees’ decertification request. Similarly, Karam filed a decertification petition seeking a vote to remove the union at his Buffalo-area Starbucks store. Like Cortes’ petition, NLRB officials refuse to allow the vote to take place, citing claims made by SBWU officials. As a result the workers remain trapped under union “representation” they oppose.
With federal student labor rights in limbo, Brown’s unions push for state-level protections
February 10, 2025 // Under President Trump, the National Labor Relations Board may overrule its landmark 2016 decision extending unionization rights to student workers.
Trump fires EEOC and labor board officials, setting up legal fight
January 29, 2025 // Due to existing vacancies, Wilcox's ouster leaves the board with just two members, short of the quorum it needs to adjudicate even routine cases. (The board, when fully staffed, has five members.) With this move, Trump has effectively shut down the NLRB's operations, leaving the workers it defends on their own, AFL-CIO president Liz Shuler said in a statement.
Trump fires US labor board member, hobbling agency amid legal battles
January 28, 2025 // As a board member, Wilcox voted to bar employers from holding mandatory anti-union meetings, to create a new path for unions to represent workers outside of the decades-old election process, and to make it easier to require companies to bargain with contract and franchise workers. Abruzzo in a statement said the board's efforts to empower workers in recent years would have a lasting impact. "So, if the Agency does not fully effectuate its congressional mandate in the future as we did during my tenure, I expect that workers with assistance from their advocates will take matters into their own hands," she said.
Schumer moves to lock in place Democrat-majority labor board
December 11, 2024 // Senate Democratic leader Chuck Schumer is attempting to ensure that the Democrats retain control of the National Labor Relations Board, the main federal labor law enforcement agency, until at least 2026 by extending the term of its current chairwoman, Lauren McFerran. A Senate floor vote on McFerran’s nomination is pending and, while it is possible that Senate Republicans could block it, it is not clear if enough will show up for the vote to do that. The vote may happen on Wednesday. This matters because the current board has been an aggressive advocate for unionization.
The NLRB’s Orwellian ‘Fair Choice – Employee Final Voice Rule’
July 31, 2024 // McFerran’s term expires at the end of the year. The Biden administration has renominated her, and Senate Democrats on the Health, Education Labor and Pensions committee are attempting to fast-track her approval. Extending her term would ensure Democrats retain a functioning majority on the quasi-independent board until at least 2026, and possibly until 2028, even if likely presidential nominee Kamala Harris should lose in the fall. As much as unions and their allies talk about giving workers a voice, they usually oppose workers having the right to hold their unions to account.
Lawmakers Should Not Let a Lame Duck Pack the NLRB
July 28, 2024 // For instance, on her watch, Chair McFerran has allowed workplace discrimination to be weaponized for pro-union activities. This decision has subjected workers to traumatizing harassment, while simultaneously barring employers from intervening. According to a report by the Institute for the American Worker, McFerran’s NLRB has used Section 7 of the National Labor Relations Act (NLRA) to excuse “racist rhetoric, sexist harassment, and vulgarity in the workplace, as long as it takes place in the context of ‘union activity.’”
Biden Pushes Early Renomination of Failed NLRB Chair in Effort to Deny Possible Trump Administration Control over Labor Board
June 12, 2024 // The NLRB is composed of five members, usually three of whom are from the president’s political party and two from the opposing party. The Board uses both adjudication and rulemaking to put forward its interpretations of the NLRA, but it needs a quorum of three members to act. Currently, there are four Board members (see Board composition here). Three of the members are Democrats, while one is a Republican. The other Republican seat has been vacant since December of 2022, because President Biden chose not to nominate anyone to that vacancy for a year and a half. While agency vacancies and delays on nominations are nothing new in Washington, this one is notable and shows an unusual partisanship and dishonesty.
Pro-Union Advocates Push to Fill NLRB Vacancy for Wrong Reason
August 22, 2023 // Union officials are seemingly concerned her absence will thwart the advancement of a pro-union agenda. As one labor leader lamented, it is “certainly in the interest of the unions … to have a functioning board with good, strong, pro-worker advocates. The NLRB is supposed to make it easier for workers to organize, not harder.” There are two problems with such complaints from union leaders. The first is that being pro-union is not the appropriate role for the NLRB, which is supposed to be neutral, not biased in favor of unions. Yet, it is a common misconception that even President Biden repeated by saying, “the policy of the federal government has been to encourage worker organizing and collective bargaining, not to merely allow or tolerate them.” Related National Labor Relations Board Says Profanity in the Workplace Is Just Fine As a recent report from the Competitive Enterprise Institute notes, “the claim that the NLRA [National Labor Relations Act] was meant to encourage unionization is contrary to the repeated claims of the late Sen. Robert Wagner, a New York Democrat and author of the law.” Instead, the NLRA attempted to strike a balance between providing the right to bargain collectively through a union while at the same time ensuring workers are free not to do so either.