Posts tagged quorum
Impasse over NLRB nominee may be just what unions want
October 14, 2025 // The state laws would undermine the role of the NLRB, which was created to enforce the National Labor Relations Act and help ensure “labor peace” – i.e., more amicable relations between unions and management by creating a consistent set of rules for both sides. States could potentially give unions tremendous leverage in conflicts with management by changing the rules currently set down by the NLRB. Just having conflicting rules from region to region, for example, over which workers are eligible to organize, would create major logistical problems for interstate businesses. California’s law was heavily promoted by the Teamsters, who still represent many long-haul truckers.
California Dramatically Expands State Labor Board’s Powers to Cover Employees Under NLRB’s Exclusive Jurisdiction, Following New York’s Lead
October 13, 2025 // California’s legislation comes on the heels of and follows the same logic behind New York’s recently enacted “NLRB Trigger Bill” that similarly empowers the Empire State’s PERB to step into the shoes of the Board, which we covered here. The NLRB has lacked a quorum for months and as a result remains unable to process appeals from decisions by Board administrative law judges or regional directors in unfair labor practice or representation cases. However, AB 288 will likely face similar legal challenges to New York’s “NLRB Trigger Bill,” which the Board has sued over, as we covered here. Specifically, AB 288 may be preempted by the National Labor Relations Act (“NLRA” or “Act”), which covers most private-sector employees, under longstanding Supreme Court precedent.
Frozen feud: How Trump and the Supreme Court helped put historic Whole Foods union bid on ice
October 7, 2025 // When the NLRB will regain members depends on how quickly the Republican-led U.S. Senate moves to confirm two nominees picked by Trump in July, Boeing's chief labor counsel and an NLRB career staffer. A Senate committee is set to hold hearings on Trump's nominees on Wednesday. An NLRB spokesman did not respond to a request for comment about the delays. William Cowen, the board's acting general counsel, in an August press release addressing efforts in several states to pass new labor protections said the agency's work has "largely been unaffected" by the lack of quorum.
California to weigh in on private labor disputes if NLRB can’t
October 2, 2025 // AB 288 expands the state Public Employment Relations Board's powers over private sector labor disputes like unfair labor practice charges and enforcing collective bargaining agreements. Other blue states, including New York, are trying to expand their state labor agencies' powers over issues that would normally be decided under the National Labor Relations Act, citing Trump's antipathy to organized labor.
Op-ed: Organized Labor Pushes Blue States to Protect Private University Student Workers
September 2, 2025 // Without a quorum at the NLRB, state legislation that codifies collective bargaining for private-sector employees may be key to preserving workers’ rights.
Unions ‘Wait and See’ on Elections as Trump Upends Labor Arena
August 20, 2025 // That political uncertainty, coupled with a volatile economy and labor market, could have workers second-guessing whether they’re ready to stick their necks out for collective action, the data show. College athlete employment, protections for political protests, and higher penalties for labor law violations are just some of the issues that worker advocates may want to steer away from a Republican board. The average number of newly certified unions per month dropped 22.3% between January and July this year, compared to the last six months of the Biden administration, according to data from the NLRB’s monthly election reports.
President Trump Taps Two GOP Nominees for NLRB, But Uncertainty Remains
July 21, 2025 // President Trump nominated Scott Mayer (chief labor counsel at Boeing Co.) and James Murphy (former NLRB attorney) to fill two vacant Republican seats on the NLRB, potentially restoring the Board’s ability to issue decisions. Mayer’s work experience demonstrates a strong management background, having worked at InterContinental Hotels Group, MGM Resorts International, Aramark, and several law firms prior to his current role at Boeing. Meanwhile, Murphy was selected by Kaplan to serve as his chief counsel in 2017 and has spent his career at the Board, having served as staff counsel or supervisor on the staffs of dozens of Board members.
Trump Names NLRB Nominees, Providing Path to Functioning Quorum
July 17, 2025 // The administration Thursday nominated Scott Mayer, chief labor counsel at the Boeing Co., and James Murphy, a former career NLRB lawyer, to fill the two open Republican board seats. The NLRB has been unable to issue decisions for most of Trump’s second term because his January firing of Democratic member Gwynne Wilcox dropped the board below the three-member minimum necessary for a quorum. The US Supreme Court blocked a federal judge’s order to reinstate Wilcox as litigation over her termination proceeds. If Trump’s nominees sail through the Senate approval process, they would join Chair Marvin Kaplan to form a three-member GOP majority on the board, with David Prouty continuing to serve as the sole Democratic member.
Democracy in the Workplace Is Under Threat
June 30, 2025 // The National Labor Relations Board, which the NLRA created, initially agreed with the majority-of-a-unit standard. In a 1936 decision involving Chrysler, the board rejected a unionization election in which only 125 out of an eligible 700 workers had voted. While 97 percent of the voting workers supported organizing, the board rightly concluded that a mere 17 percent of workers didn’t represent the views of the majority. The law’s text required that ruling. But the NLRB reversed course within months, giving a minority of workers the power to determine the majority’s future in a case involving newspaper workers. In a separate decision, the board declared that it couldn’t require a majority of workers to vote in favor of unionization, nor could it require the lower bar of a quorum. The NLRB, in the 1930s, defended its rejection of the law’s plain text by saying that, with a majority requirement, “the purpose of the [NLRA] would be thwarted.” But the board itself is doing the thwarting of workers’ rights and workplace democracy.
House Committee Debates NLRB’s Fairness and Transparency
June 18, 2025 // Also at issue was how workers vote for or against unionization. When workers select a union, said Vincent Vernuccio, president of the Institute for the American Worker, they should be allowed to make that choice “securely and privately” and “without intimidation or coercion.” He cited the “true language” of the NLRA that says a “union must be chosen by the majority of all the employees in a unit.” Vernuccio advocated for the use of secret-ballot elections in place of card check, an organizing method in which a union gathers worker signatures.