Changes from the new administration continue to create ripple effects for U.S. employers. In late January, President Trump fired two members of the National Labor Relations Board or NLRB. Jennifer Abruzzo, General Counsel of the NLRB, and Gwynne Wilcox, NLRB member. Both were appointed by former President Biden.
Abruzzo was known for her enforcement action against employer non-competition and solicitation agreements. She also authored a memorandum in May 2023, articulating her view of restrictive covenants such as non-competition and solicitation agreements.
The NLRB General Counsel to be appointed by President Trump is expected to rescind the memorandum authored by Abruzzo in what was viewed as an “overtly pro-union interpretation of the National Labor Relations Act.” Others expect issues championed by prior members of the NLRB will also change in the coming months as new members are appointment to the Board.
But the NLRB cannot act until it has a quorum of three members. New members will join the current NLRB Board members Marvin Kaplan and David Prouty. One of the three remaining positions will need to be filled before the NLRB can resume issuing actions. When this action will take place is unclear at this time.
The NLRB, an independent federal agency, is responsible for enforcing U.S. labor laws concerning collective bargaining and unfair labor practices. It’s duties also include supervising elections for labor union representation, investigating and remedying unfair labor practices, and protecting the rights of employees to organize and engage in collective bargaining.
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