Andrew Strom, labor lawyer and adjunct professor at Brooklyn Law School, joined the America’s Work Force Union Podcast to warn listeners about the looming threats to the National Labor Relations Board (NLRB). Strom’s conversation centered on the ripple effects of the Supreme Court’s consideration of Trump v. Slaughter. This case could significantly increase presidential control over independent agencies such as the NLRB.
Strom began by outlining the historical framework that governed the NLRB and other agencies, such as the Federal Trade Commission (FTC), highlighting how these entities were established to manage complex economic realities that the 1790s Constitution could not foresee. Since the early 20th Century, Congress has provided agency commissioners with job protection to preserve impartiality and prevent political influence on their decision-making. Strom explained how this structure ensures expertise and continuity in board operations, emphasizing the NLRB’s quasi-judicial role in labor disputes and the importance of precedent in granting legitimacy to agency decisions.
Next, Strom discussed his concerns about recent Supreme Court deliberations. He described how justices appear to be prepared to increase President Trump’s authority to fire commissioners and board members at will, undermining the protections put in place nearly a century ago. Strom noted that this shift could allow presidents to retaliate against decisions they dislike, but also to issue preemptive instructions on how cases should be handled. Such a move would dramatically politicize the NLRB, exposing its members to the threat of termination and eroding their ability to make impartial rulings, particularly in a highly polarized political climate.
Strom concluded with a warning about the long-term consequences if the Supreme Court were to overturn years of precedent. He argued that the NLRB’s status as an independent arbiter would be gutted, leaving workers and unions with less protection. The ability for Congress to reverse or strengthen agency independence through legislation remains, but Strom underlined the urgency for action. Without robust and impartial agencies, he said, the balance of power would tip even further toward corporations, putting the very existence of fair labor relations in jeopardy and leaving workers with increasingly limited recourse.
For more from Strom, listen to the full episode of the America’s Work Force Union Podcast above.
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