Andrew Strom, a labor lawyer, OnLabor contributor and adjunct professor at Brooklyn Law School, joined the America's Work Force Union Podcast to discuss the state of the National Labor Relations Board (NLRB), the implications of the Trump administration's legal theories on the NLRB's independence and the impact the NLRB is having on workers' rights while under threat.
The first topic Strom tackled was the controversial firing and rehiring of Gwynne Wilcox, a board member of the NLRB. He explained that her dismissal by the Trump administration was not only abrupt but also potentially illegal, as it bypassed the requirements for removal, such as notice and a hearing for neglect of duty or malfeasance. This situation has left the NLRB without a quorum, effectively paralyzing its decision-making ability. Strom highlighted the legal battles that ensued, with Wilcox's reinstatement being contested in higher courts, reflecting the broader political struggle over the board's independence.
Strom then delved into the alarming legal theory proposed by the Trump administration that suggests the President should have direct control over the NLRB's decisions. This theory, if upheld, could undermine the board's role as an independent arbiter of labor disputes, turning it into a tool for executive influence. Strom emphasized the potential consequences for workers, particularly those involved in cases against major corporations like Tesla or SpaceX, who might find it impossible to receive fair rulings if the board's independence is compromised.
Finally, Strom discussed the implications these developments could have for workers' rights in the United States. He pointed out that the NLRB has historically served as a critical check on corporate power, ensuring that workers can exercise their rights without fear of retaliation. The current challenges facing the board, including the potential for increased executive control, threaten to erode these protections. Strom warned that without a functioning NLRB, enforcing labor laws could become ineffective, leaving workers vulnerable to exploitation.
To hear more from Strom on the current state of the NLRB, listen to the show above.