Posts tagged NLRB General Counsel
Commentary: NLRB General Counsel Denial Highlights Urgent Need for Labor Law Reform
January 13, 2026 // AFFT filed this case to defend a basic principle: workers must be free to decide whether to support or oppose unionization without coercion, intimidation, or political pressure. Those rights should apply equally, regardless of the political influence or ideology of the organization involved. This case is not just about the DNC or the New Georgia Project. It is about a system that grants unchecked discretion to a single political appointee, leaving workers with no meaningful recourse. That is not how a fair labor system should operate.
NLRB General Counsel: Crystal Carey
May 20, 2025 // Crystal Carey, NLRB General Counsel Crystal Carey has been nominated for the position of General Counsel at the National Labor Relations Board (NLRB). The General Counsel serves as the chief prosecutor for the agency and plays a pivotal role in shaping national labor policy by determining which cases to pursue…
CDW Leads Letter Supporting Crystal Carey Nomination
April 16, 2025 // The Coalition for a Democratic Workplace (CDW) and the 20 undersigned organizations urge your support for the nomination of Crystal Carey to serve as the General Counsel of the National Labor Relations Board (NLRB). Carey is well-qualified to serve and will be an asset to the Board in this role. We urge your support for her nomination.
Trump taps EEOC’s Lucas for new term, Morgan Lewis partner for NLRB general counsel
March 25, 2025 // Carey referred a request for comment to Morgan Lewis. The firm's chair, Jami McKeon, in a statement said that Carey's "background, experience, judgment, and training make her highly qualified for this important role, and we are excited for her on this well-deserved nomination.” Lucas, a former Gibson Dunn & Crutcher associate, was first appointed to the EEOC by Trump in 2020. She was a dissenting Republican voice on the Democrat-led board until Trump made her acting chair and named her chief of staff, Andrew Rogers, as acting general counsel.
Official Fired By Trump Returns To Work To Cheers After Judge Orders Reinstatement
March 11, 2025 // Wilcox filed a lawsuit seeking reinstatement, arguing her removal was unlawful. Judge Beryl A. Howell agreed with Wilcox, issuing an order last Thursday ensuring her temporary return to the agency as the underlying case moves forward. In a stinging opinion, Howell wrote that Trump failed to grasp the Constitution’s limits on executive power.
National Labor Relations Board Back to Quorum Strength as Member Wilcox Is Reinstated
March 11, 2025 // The statutory limitations swayed the judge, as did the Supreme Court’s 1935 decision in Humphrey’s Executor, where the Court upheld similar limits on the president’s ability to fire a Federal Trade Commission Official. In sum, Judge Howell ordered Wilcox’s reinstatement, giving the Board the quorum it lacked. This decision has implications for the President’s recent Executive Order seeking to vest all lawmaking power of Independent Administrative Agencies like the NLRB in the President’s office. Given the stakes here, the court’s decision is certainly not the final word, as President Trump’s team is expected to appeal, perhaps all the way to the Supreme Court, where they will argue that Humphrey’s Executor is distinguishable and that Board members do exercise executive authority and should therefore be in line with Presidential policies.
Ph.D. Workers and Their University Both Backed a Union Election. Then Trump Won.
March 6, 2025 // Student workers at other private universities across the nation may also be wary of going before the Trump-era NLRB. Since the November election, petitions to form graduate or undergraduate student unions have been withdrawn at Berea College, Clark University, Dartmouth College, Kenyon College, the New School and New York University, said William A. Herbert. Herbert, executive director of the National Center for the Study of Collective Bargaining in Higher Education and the Professions at Hunter College, said reports of what’s happened at Rochester suggest the university “has decided to shift to a pre-litigation mode that might include an effort at overturning current NLRB precedent.”
NLRB’s in-house tribunal undermines fairness and rule of law
February 25, 2025 // Nick felt he’d followed proper procedure and compiled thorough evidence to support his case. But none of it mattered. The NLRB doesn’t have to prosecute its allegations in a proper court of law. In fact, it doesn’t even have to go beyond its own walls. The agency’s general counsel filed the case in-house, applied the NLRB’s own rules (that toss aside standard rules of evidence), and held a hearing in front of an NLRB-employed administrative law judge (ALJ) at the NLRB’s offices. Any appeal of the ALJ’s decision goes to the NLRB itself. Unsurprisingly, the ALJ in Nick’s case ruled against the restaurant and ordered it to rehire the eight employees with backpay. The NLRB affirmed the ALJ’s decision, including her order to Hiran Management to compensate the employees for any “foreseeable” harm that purportedly resulted from the terminations. These so-called “compensatory damages” are not authorized under the National Labor Relations Act. But the NLRB “discovered” this authority in December 2022—90 years after the labor act was adopted.
No Love Lost: Acting National Labor Relations Board General Counsel Rescinds Litany of Former GC Abruzzo’s Policy Memoranda in Valentine’s Day Shakeup
February 19, 2025 // During her tenure, former GC Abruzzo frequently issued employee-friendly memos on a host of issues, including opposing captive audience meetings, clamping down on employer surveillance, and expressing her perception of the legality of non-compete agreements and pay-or-stay provisions (for example, see alerts here and here). The memos, issued by the NLRB’s top prosecutor, signal the agency’s policy and enforcement priorities, and impact agency staff’s interpretation of their role in carrying out the agency’s objectives. Under Abruzzo, Regional Directors evaluated and acted on unfair labor practice claims as directed by the memos instead of the binding law and NLRB precedent.
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.