NLRB Faces Quorum Crisis and Operational Challenges Under Trump Administration
The National Labor Relations Board (NLRB) has been left without a quorum after former President Donald Trump fired board member Gwynne Wilcox. This paralysis has prevented the five-member board from issuing rulings and has caused a significant backlog of cases awaiting hearings.
In 2024, the NLRB issued approximately 150 decisions, but during the 11 months under Trump’s administration, only six decisions were issued, showing a sharp decline in activity. Staffing at the agency has dropped by about 100 employees, and morale is reportedly low. The 2026 budget proposal includes a $14 million cut and plans to roll back Biden-era policy initiatives such as the agency's public-awareness goal.
Trump appointed two new board members, Scott Mayer and James Murphy, in July 2025 in an attempt to restore quorum; however, their appointments are still pending Senate approval.
One notable case affected by the paralysis is the January 2024 union vote at Whole Foods Center City Philadelphia, which marked the grocery chain’s first-ever store-level union in the US. The result is delayed due to the NLRB’s dysfunction and ongoing corporate objections. Furthermore, many unfair labor practice (ULP) cases are stalled as most settle quickly and only contentious cases proceed to administrative judges, who cannot act without a quorum.
In August 2025, the Fifth Circuit Court issued a ruling in a SpaceX case that questions the constitutionality of the NLRB, effectively blocking enforcement and risking widespread case backlogs. This ruling has raised concerns about the agency’s independence and labor-law protections. The Supreme Court is expected to rule on related cases, including Wilcox’s firing, which could potentially scale back the NLRB’s independence and impact workers' ability to resolve disputes.
Meanwhile, states like New York and California have enacted laws empowering their state labor agencies to oversee private-sector union elections and ULP charges. These measures challenge the NLRB’s reach and effectiveness amid its current operational challenges.
Officials’ views on the crisis vary; some claim the quorum loss has limited impact, while others warn it causes ongoing harm to workers’ rights and undermines the agency’s independence.
