The National Labor Relations Board (NLRB), the agency responsible for enforcing U.S. labor laws, has been rendered inoperative after former President Donald Trump fired one of its members, leaving it without the necessary quorum to function. The five-seat board already had two vacancies due to expired terms, and Trump’s removal of a third member has effectively shut it down.
A Win for Employers, a Loss for Workers
The NLRB oversees union elections and investigates unfair labor practices, but without a quorum, it can no longer enforce labor laws. “This is great for employers—they have a nonfunctioning NLRB,” said Cathy Creighton, former NLRB attorney and director of Cornell University’s Industrial and Labor Relations co-lab.
Established 90 years ago, the NLRB played a key role in the rise of unions but has since seen its power diminished by conservative courts and lawmakers. Despite these challenges, it remained a major obstacle for high-profile figures like billionaire Elon Musk, a strong Trump supporter.
Musk’s Role in Challenging the NLRB
Musk has long been at odds with the agency. His company, SpaceX, sued the NLRB last year, claiming its structure was unconstitutional. The lawsuit aimed to block the board from taking action against SpaceX for allegedly firing employees who criticized Musk’s behavior on social media. Tesla has also faced NLRB complaints over its handling of unionization efforts, including Musk’s controversial tweet suggesting unionizing workers would lose stock options.
Labor advocates believe Musk played a role in the NLRB’s dismantling. “It wasn’t Trump who filed the lawsuit against the board—it was Musk,” said Adam Shah of Jobs With Justice. Other companies, including Amazon, have also sought to challenge the agency’s authority.
Implications of a Non-Functioning NLRB
Without a functioning board, labor law enforcement is stalled. While the NLRB’s regional directors and investigators continue reviewing complaints, employers face no real consequences for labor violations. For instance, Amazon is contesting the results of a union election at its Bessemer, Alabama, facility, where an NLRB judge ordered a re-vote. With no board to enforce the ruling, Amazon is unlikely to face repercussions.
Trump’s dismissal of NLRB member Gwynne Wilcox further signals his stance on labor issues. Wilcox, the first Black woman to chair the board, was fired despite legal protections requiring notice and cause. The administration claimed she was biased against employers, particularly criticizing rules she supported that restricted anti-union “captive audience” meetings.
Uncertain Future for Labor Protections
While businesses may benefit in the short term, experts warn that the uncertainty surrounding the NLRB’s future could be problematic. “Not enforcing Biden-era decisions is a short-term relief for employers,” said attorney Michael Lebowich. “But long-term legal uncertainty is bad for business.”
Musk’s SpaceX lawsuit has already gained momentum. With the NLRB unable to defend itself in court, the agency’s fate hangs in the balance. Even if SpaceX wins its case, legal experts believe it won’t immediately dissolve the NLRB but will severely weaken its authority.
Meanwhile, Wilcox has taken legal action to reclaim her seat, arguing that Trump’s firing violated agency protections. Some conservative legal experts have also questioned the legality of Trump’s move, with NYU law professor Richard Epstein noting, “Trump isn’t just appointing allies—he’s trying to eliminate the NLRB entirely.”
As the legal battles unfold, the future of labor protections in the U.S. remains uncertain. For now, workers face an uphill battle in defending their rights, while companies like SpaceX and Amazon enjoy a regulatory vacuum.
