The NLRB is a broken agency. Deliberately broken by President Trump to deny working people and their unions recourse in matters of labor law violations. He has removed a properly appointed NLRB official and left vacancies at the agency created to protect workers’ rights. Only one person sits on what is supposed to be a five-person board. Hence, no action can be taken.
Trump might appoint two nominees to the NLRB to make a working quorum. If he did, they would undoubtedly serve as his henchmen in further undermining worker protections.
Other agencies meant to be independent and politically balanced like the Federal Trade Commission and the Federal Communications Commission have seen similar firings that the Supreme Court has yet to rule on. The Supreme Court would be overturning a 90-year-old precedent if it were to favor Trump’s right to fire agency officials.
The Supreme Court could rule next year that the president has the authority to fire appointed federal officials. It supported Trump’s firing of NLRB board member Gwynne Wilcox earlier this year. So the prospects are not good. The impact of such a decision would be immense, enabling the packing of agencies with political allies or the dismantling of agencies. In either case the agencies would be less effectual and unmoored from the missions for which they were established.
New York, California and other states have bolstered their labor agencies in the face of opposition from the Trump administration and its corporate supporters.
The NLRB has always reflected the political philosophies of the presidents who nominated and appointed candidates to serve at the various agencies. The agencies remained independent because incoming presidents did not clear out previously-appointed officials.
Now the autocratic aims and policies of the Trump administration threaten the government infrastructure that protects workers and all Americans. Unfortunately, the Supreme Court’s conservative majority has a bias in favor of Trump.
