NLRB Update

We have three updates at the National Labor Relations Board (NLRB or Board) for you. 

First, President Trump has appointed William B. Cowen as Acting General Counsel to replace Jennifer Abruzzo who was discharged last week. Mr. Cowen has served as the Regional Director of the Board’s LA Region (Region 21) since 2016, and started his career at the NLRB in 1979. 

Second, on February 1, 2025, the NLRB released informationregarding how it will operate without a quorum to decide cases, confirming that the “Field Offices will continue their normal operations of processing unfair labor practice cases and representation cases.”

For representation cases, Regional Directors have the authority to certify election results even if a request for review is filed by a party. While a party can still file a request for review, it will have no immediate effect on the representation case. Additionally, the NLRB’s General Counsel has the authority to initiate and prosecute injunction proceedings, contempt proceedings, and any other court litigation that would otherwise require Board authorization while the NLRB lacks a quorum. 

Third, former Board Member Gwynne Wilcox has filed a lawsuit in a D.C. federal court over her discharge. This case is worth following as it may shape the law on a President’s power to remove members of federal administrative agencies like the NLRB.

KZA’s attorneys are very familiar with the Board’s procedures and have helped employers  through these types of uncertain times before. If you have questions or need assistance with a pending NLRB matter, please contact us. 

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.