Labor & Employment Law Daily Wrap Up, ON THE LABOR FRONT—Can the National Labor Relations Board be even more partisan?, (Mar 31, 2025)

By Michael J. Soltis

A less partisan Board, insulated from at-will removal, is less likely to whipsaw the public by taking completely disparate approaches every four years.

While the composition of the National Labor Relations Board (NLRB) has historically had members from both parties, that bipartisanship does not extend to the Board’s decision-making on numerous national labor policies. There, the majority party members write the decision, minority party members dissent. Yet, nineteen state attorneys general recently expressed concern that the Board might become even more partisan than it is! Is that even possible?

Soon after his inauguration, President Donald J. Trump removed NLRB Democratic Member Gwynne Wilcox before her term expired. The National Labor Relations Act (NLRA) states that the president may remove a Board Member “upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.

The partisan nature of the NLRB arose in the district judge’s decision in Wilcox v. Trump, about Wilcox’ request for an injunction ordering defendant-NLRB Chair Marvin Kaplan “to allow plaintiff to carry out all of her duties” as a Board member. For a discussion of partisanship on the National Labor Relations Board, see Mike Soltis’ latest On the Labor Front article: Can the National Labor Relations Board be Even More Partisan?

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