President Donald Trump removed National Labor Relations Board member Gwynne Wilcox and General Counsel (GC) Jennifer Abruzzo and appointed a new interim GC. While Abruzzo’s termination was widely expected, Wilcox’s discharge is unprecedented.
Articles Discussing Labor Law At The Federal Level, Including Issues Under The National Labor Relations Act (NLRA).
NLRB has New Trump Appointed General Counsel
By: NLRB has New Trump Appointed General Counsel
Yesterday, President Donald J. Trump appointed William B. Cowen as Acting General Counsel of the National Labor Relations Board.
Mr. Cowen began his career at the Board in 1979 after graduating law school. He served in various capacities throughout the Agency at both Headquarters and in the field, until he left to enter private practice in 1985. In private practice, he was an attorney and principal of Institutional Labor Advisors, LLC which he founded in 1997. He was also founding member of Cowen and Associates in McLean, VA, which he established in 1996. Prior to this, Mr. Cowen was a partner with Coleman, Coxson, Penello, Fogleman & Cowen, P.C. from 1992 to 1996 and served as an attorney with Thompson and Hutson from 1985 to 1992.
Mr. Cowen was appointed by President George W. Bush to serve as a Board Member from January 22, 2002 to November 22, 2002. He then acted as Executive Assistant (Chief of Staff) to NLRB Chairman Robert J. Battista. From 2006 through 2016, Mr. Cowen has served as the Board’s Solicitor. In 2016 Cowen moved from the DMV to Los Angeles and from 2016 through yesterday he served as Regional Director for the NLRB’s Region 21 Office in Los Angeles.
Mr. Cowen holds a B.A. degree in Mathematics from Case Western Reserve University in Cleveland, OH, graduating in 1976, and he received a Masters of Theological Studies degree from Wesley Theological Seminary in 2005. Mr. Cowen received his J.D. degree from Cleveland-Marshall College of Law, Cleveland State University, in 1979.
At this point, the appointment is for an interim position. It remains unclear whether President Trump will attempt to have Cowen approved by the Senate for the General Counsel position, which would eliminate the interim nature of the appointment, or whether Cowen is just a placeholder until somebody else can be nominated and confirmed.
In any case, the NLRB remains one member short of a quorum, so unless a new member is appointed and confirmed, or former member Wilcox is able to obtain a court order rescinding Trump’s decision to terminate her, the Board has little power to do much beyond the decisions it makes at the region level.
Stay tuned because activity at the Board, just like many areas of the federal government these days, is changing regularly. We will continue to monitor and report on it here at CalLaborLaw.com.
More Shake-Up of NLRB: President Trump Appoints New NLRB Acting General Counsel
On February 3, 2025, President Donald Trump appointed William B. Cowen as the new acting general counsel of the National Labor Relations Board (NLRB), according to a statement from the NLRB. The move comes days after President Trump discharged Acting General Counsel Jessica Rutter, who served for less than a
National Labor Relations Board Continues Routine Operations with Lack of Quorum
On January 27, 2025, the president removed National Labor Relations Board Member Gwynne A. Wilcox, leaving the Board with only two members: Chair Marvin E. Kaplan, a Republican, and Member David M. Prouty, a Democrat. That same day, the president also removed NLRB General Counsel Jennifer Abruzzo, and on February
NLRB Overhaul: Setting Stage for Employers, Trump Removes Board Member Wilcox, Fires GC Abruzzo
TakeawaysMember Gwynne Wilcox’s unprecedented removal leaves the Board without a quorum for issuing decisions. However, underlying administrative cases and petitions for elections will continue to be processed as usual.President Trump is expected to appoint an employer-friendly general counsel and nominate Board members in the coming months. Employers should continue to monitor closely the latest Board developments amid the changing labor law landscape.Related link
How Will the President’s Termination of NLRB GC Abruzzo and Member Wilcox Impact Employers?
The president’s recent terminations of NLRB General Counsel Abruzzo and Board Member Wilcox will undoubtedly create uncertainty regarding the way in which the NLRA is enforced.
Former NLRB GC Abruzzo’s Parting Words on the Complementary Relationship between NLRA and EEOC Statutes
In her last guidance memorandum before being terminated on January 27, 2025, former NLRB General Counsel Jennifer Abruzzo addressed the ongoing tension between the NLRA and the anti-discrimination statutes enforced by the EEOC.
NLRB Shake-up: President Trump Removes Board Member, Discharges General Counsel
President Donald Trump removed National Labor Relations Board (NLRB) member Gwynne Wilcox in a move that leaves the Board without a quorum to hear cases. The president also, as expected, discharged NLRB general counsel Jennifer Abruzzo.
Trump Fires NLRB General Counsel and One Board Member
By: Trump Fires NLRB General Counsel and One Board Member
When former President Joe Biden took office in January 2021, he terminated the General Counsel of the NLRB, Peter Robb, on Inauguration Day. That termination was challenged by the business community. Multiple lawsuits, including the Ninth Circuit decision in Aakash Inc., DBA Park Central Care and Rehabilitation Center v. NLRB held that the termination was constitutional. As a result, many thought Trump would have the same fate in store for Robb’s replacement, Jennifer Abruzzo, on January 20.
Then, nothing happened on January 20, or at any time last week. The labor law community was not sure what was going on. Was the support of Teamsters President Sean O’Brien saving Abruzzo’s job? Was Trump too busy dealing with immigration, January 6 convictions, and other issues to care about the NLRB? If so, how long would that last? Lots of speculation started.
Last night, we got our answer. In one swift move, Trump terminated Abruzzo, and at the same time, he one-upped Biden by also terminating NLRB Board Member Gwynne Wilcox, whose term was not set to expire until August 2028. The Abruzzo termination is supported by federal court precedent. It is unclear whether the Wilcox termination is proper and permissible.
Section 3 of the National Labor Relations Act (NLRA) expressly states that the President can only terminate NLRB Board Members “upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.” Thus, the Wilcox termination appears to be in conflict with the Act. However, there are some that believe that statutory restrictions against at-will removal of Board Members in Section 3 are an unconstitutional limit on the power given to the President as the head of the Executive Branch of government and have filed lawsuits challenging NLRB actions on this ground. The lower courts have not been consistent in reaching a conclusion on this issue. The termination of Board Member Wilcox, who immediately thereafter issued a statement claiming that she plans to pursue all legal remedies to challenge this action, appears to be a staging ground for accelerating Supreme Court review of the issues related to the constitutionality of the NLRA provisions limiting NLRB Board Member terminations.
Meanwhile, as a result of these terminations, the NLRB now only has two members, Chairman Marvin Kaplan, who is pro-business, and David Prouty, who is pro-union. The Board needs a quorum of at least three members to take any actions, so at this point, the Board appears to be powerless, unless Trump appoints a third member. While this may grind the Board to a halt, it also will delay expected actions by a Trump appointed Board to overturn many of the pro-union decisions issued by the Biden Board. It also remains unclear what will happen at the Regional level with matters being adjudicated and prosecuted by the various NLRB regions via Regional Directors through NLRB administrative law judges. Fauda is probably the appropriate word for the situation, at least for the next few days, and perhaps longer.
In terms of what employers should do, that remains very unclear and there are few clear right or wrong answers. Generally, decisions should be made on a case-by-case basis and will need to evolve as things develop with the Board over the next few days and weeks. Employers with matters before the NLRB and ongoing labor campaigns should consult with experienced traditional labor lawyers to help evaluate and strategize on how these terminations may, or may not, influence their approach to pending matters.
White House Terminates National Labor Relations Board General Counsel Jennifer Abruzzo and Member Gwynne Wilcox
On January 27, 2025, President Trump terminated Jennifer Abruzzo, the general counsel of the National Labor Relations Board, and Board Member Gwynne Wilcox. Abruzzo’s termination was widely expected (with some wondering why she was not fired on the first day of the new administration); Wilcox’s termination is somewhat more surprising,
Construction Employers Take Note: Union Loophole in Labor Board’s Fair Choice-Employee Voice Rule
TakeawaysUnder the Fair Choice-Employee Voice rule, construction unions may seek to remain the bargaining representative for a construction employer’s workers by relying solely on contract language, without evidence that employees ever supported the union.To avoid unionization, construction employers should be wary of any proposed union agreement and review it carefully.A National Labor Relations Board with a Republican majority is expected under the Trump Administration to re-evaluate the rule.Related link
NLRB GC Issues Memo on Harmonizing NLRA and EEO Laws
Days before the Trump administration is set to take office, the National Labor Relations Board (NLRB) general counsel (GC) issued a memorandum explaining her view on how employers can balance compliance with the National Labor Relations Act (NLRA) and equal employment opportunity (EEO) laws when enforcing workplace anti-harassment and confidentiality
The Year Ahead 2025: Labor Relations’ Likely Returns
With two Board member vacancies open for incoming President Trump to fill with Republicans, the National Labor Relations Board is expected to shift to a 3 – 2 Republican majority.
A New Era for Union Organizing – Workplace Wake-Up with Jen Shaw
In this episode, Jen surveys the current state of protections for employees who engage in union activities.
Top Five Labor Law Developments for December 2024
The National Labor Relations Board returned to the “clear and unmistakable waiver” standard for analyzing the legality of unilateral changes to employees’ terms and conditions of employment when there is an effective collective bargaining agreement. Endurance Environmental Solutions, LLC, 373 NLRB No. 141 (Dec. 10, 2024).