Under The Government Shutdown, National Labor Relations Board Cases ‘Are On Hold As The Future Of The Agency Remains Uncertain’
(WASHINGTON, D.C.) - As the Federal Government shutdown continues, nearly a quarter of the Federal Workforce is furloughed. That means more than 600,000 Workers are not performing important Federal service jobs - and are not receiving a paycheck.
Still, while some Federal Agencies are working in limited capacity, many Worker Protection Agencies have ceased the enforcement of our Nation’s Labor Laws.
For example, the National Labor Relations Board (NLRB) has ceased almost all case handling, including conducting routine Union Elections and investigating Unfair Labor Practice (ULP) Charges.
This means Workers’ ability to exercise their right to form Unions or hold their employers accountable for violating the National Labor Relations Act (NLRA) are on hold indefinitely until the government reopens.
However, even after the Government reopens, Workers’ Rights will still be under attack due to pre-shutdown actions of the Trump Administration.
The NLRB is the sole agency responsible for interpreting and enforcing the NLRA for more than 100 million Private Sector Workers.
However, Trump has attacked the Agency’s independence, illegally firing Board Member Gwynne Wilcox because he did not like her decisions “disfavoring the interests of employers.”
Further, Trump issued Executive Order (EO) 14215 giving himself and the Attorney General the authority to issue interpretations of the law that place independent agencies like the NLRB under their control.
Congress designed the NLRB to function as an independent quasi-Judicial Agency, with Board Members deciding cases based on the law and evidence.
The NLRB’s independence is essential and supported by its Legislative history and decades of jurisprudence.
Currently, the Board has only one remaining Member.
Trump nominated Scott Mayer, the Chief Labor Counsel at Boeing, and James Murphy, a long-time NLRB lawyer, to be Members of the Board.
If confirmed, they would establish a Republican majority at the Board, but their confirmation would do nothing to address the threat to the Agency’s independence.
At a recent hearing on their nominations, they stated that, as Board members, they would “follow the law” - but failed to acknowledge Trump’s EO 14215 essentially equates Trump’s position to “the law.”
Further, after Scott Mayer faced hard-hitting questioning during his nomination hearing and was subsequently dropped from a committee vote, the prospects of a quorum at the NLRB continue to be uncertain.
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