Labor Movement Faces Challenges as NLRB Quorum Lost Following Wilcox Firing
The National Labor Relations Board (NLRB) has lost its quorum after former President Trump fired member Gwynne Wilcox, leaving numerous cases pending and workers waiting for rulings. The five-member board requires at least three members to decide cases, but Wilcox's firing resulted in insufficient members to issue decisions.
Trump nominated two board members in July 2025, Scott Mayer and James Murphy, who would restore quorum if confirmed by the Senate. However, the lack of quorum has led to a steep decline in board activity. For example, while the NLRB issued about 150 decisions in 2024, under Trump's term in 2025, it had issued only six as of December.
One notable labor event affected by these delays was the January 2025 unionization of the Whole Foods Center City Philadelphia store, the first in the chain to unionize. Progress was slowed by company objections and appeals involving UFCW 1776.
Legal obstacles have further complicated enforcement, such as a August 2025 Fifth Circuit ruling related to SpaceX that suggested NLRB enforcement could be halted due to constitutional concerns. This ruling has effectively stalled many cases.
Additionally, the NLRB's workforce has shrunk by roughly 100 employees under Trump, with the 2026 budget request proposing a $14 million cut and dropping Biden-era public-awareness initiatives. Meanwhile, New York and California have passed laws allowing state labor agencies to oversee private-sector union elections and unfair labor practice charges, challenging the NLRB's authority.
Experts warn that the Supreme Court may soon weigh in on NLRB independence and the firing of Wilcox, with potential outcomes including scaling back the board’s autonomy and undermining worker trust.
