President Trump Fires All NLRB Members
President Donald Trump on Wednesday dismissed all five members of the National Labor Relations Board (NLRB), the federal agency responsible for enforcing US labor laws and overseeing union elections. The move, unprecedented in the agency's 90-year history, immediately triggered a wave of legal challenges from labor unions and Democratic-led states.
The firings include the board's Democratic chair, Lauren McFerran, and its four other members—two Democrats and two Republicans. Trump's action effectively shuts down the NLRB's ability to issue rulings or hold union elections, as the board lacks a quorum to conduct business.
Legal Challenges Filed
Within hours of the announcement, the AFL-CIO, the largest federation of unions in the United States, filed a lawsuit in federal court arguing that the president lacks the authority to remove NLRB members except for cause. The National Labor Relations Act of 1935 stipulates that board members can only be removed for neglect of duty or malfeasance in office, not at the president's discretion.
“This is an illegal and outrageous attack on workers' rights,” said AFL-CIO President Liz Shuler in a statement. “The president cannot simply fire independent agency officials because he disagrees with their decisions. We will fight this in court and we will win.”
New York Attorney General Letitia James also announced a separate lawsuit, joined by attorneys general from California, Illinois, and 15 other states, seeking an injunction to block the dismissals.
Impact on Labor Relations
The dismantling of the NLRB leaves hundreds of pending unfair labor practice complaints and union election petitions in limbo. According to the agency's most recent data, there were over 1,200 cases awaiting decisions as of June. Without a quorum, the board cannot certify union elections or adjudicate disputes, effectively freezing labor relations at a time when union organizing is on the rise.
“This is a devastating blow to workers who are trying to organize and bargain collectively,” said Catherine Fisk, a labor law professor at the University of California, Berkeley. “The NLRB is the only federal agency that protects the right to form a union. Without it, employers can fire workers for union activity with impunity.”
The White House defended the dismissals, with press secretary Karoline Leavitt stating that the president is “restoring accountability to an agency that has been weaponized against American businesses.” She added that the administration would appoint new members who “respect the rule of law and the rights of employers.”
Congressional Reaction
Republican leaders in Congress largely remained silent on the issue, though some expressed support. Senator Mike Rounds of South Dakota called the NLRB “a rogue agency” and said the president was “well within his rights” to fire its members. Meanwhile, Democratic leaders condemned the action as a “power grab” and promised to investigate.
Senator Bernie Sanders, chairman of the Senate Health, Education, Labor and Pensions Committee, vowed to hold hearings. “This is an act of tyranny,” Sanders said. “The NLRB was created to protect workers from exploitation. President Trump has just told every worker in America that they are on their own.”
The firings are the latest in a series of moves by the Trump administration to weaken federal agencies and consolidate executive power. Earlier this year, Trump fired the chairs of the Federal Trade Commission and the Securities and Exchange Commission.
