NLRB Faces Quorum Crisis as Trump Fires Member, Impacting Labor Movement
The National Labor Relations Board (NLRB) has lost its quorum after President Trump fired member Gwynne Wilcox, leaving the five-member board unable to issue rulings due to the quorum requirement of at least three members. This has led to a significant collapse in the agency’s activity. In 2024, the NLRB issued about 150 decisions, but during the first 11 months of Trump's second term, there were only six decisions. Staffing has declined by roughly 100 employees, and the 2026 budget proposes a $14 million reduction while removing a Biden-era public-awareness goal.
This paralysis has affected cases such as the union vote at Whole Foods Center City Philadelphia, the first at a United States store, which has faced delays amid challenges by the employer. Complicating matters further, an August ruling by the Fifth Circuit concerning SpaceX has called into question the NLRB’s constitutionality, blocking enforcement and stalling cases while constitutional challenges continue.
In response to federal-level gridlock, New York and California have enacted laws allowing their state labor agencies to oversee private-sector union elections and unfair labor practice charges, thereby challenging the NLRB's traditional jurisdiction.
President Trump nominated Scott Mayer and James Murphy in July to restore the NLRB quorum, but Senate confirmation was still pending at the time of reporting. Confirmation could allow the board to resume top-level decision-making.
Experts have warned that the reduction in the NLRB's independence and the potential politicization threaten workers’ rights and erode trust in mechanisms for resolving labor disputes. The Supreme Court is expected to rule on the NLRB’s constitutionality and independence, a decision that may have profound implications.
Agency leadership has maintained that the loss of quorum has not crippled operations and attributes current backlogs to resource constraints, noting that some staff departures have exacerbated delays.
