Document Type

Blog Post

Publication Date

11-16-2025

Abstract

Within the first week of his presidency, President Trump removed National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo and Board Member Gwynne Wilcox, leaving the NLRB without a quorum and therefore unable to have any real impact on cases brought before it.  This action sent unions and organizers into a panic as employers celebrated the expanded ability to get away with unfair labor practices and policies that limit strikes and work stoppages.  However, the history of unions in America is not one defined by the National Labor Relations Act (“NLRA”).  In fact, the NLRA was implemented to stifle the militancy that unions had garnered.  Though the NLRA has been celebrated as a liberal legislative win, especially §7, the creation of the NLRB and its interpretation by the Supreme Court have only shown its pacifying power.  After an overall steep decline in union membership since the implementation of the NLRB, as well as reduced wages, at-will employment, and a widening gap between the rich and poor, it is time for the labor movement to turn back to its roots and exist outside of the law.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on November 16, 2025. The original post can be accessed via the Archived Link button above.

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