4/1/25 NLRB Without Quorum…Again & New General Counsel Nominee

April 1, 2025

By Nicole Elgin and Lex Shvartsmann

As discussed in our previous E-Alerts, the removal of National Labor Relations Board (NLRB) Member Gwynne Wilcox and the ensuing litigation has been an important and rapidly evolving issue since President Trump took that historic action during his first month in office.

Most recently, on March 28, 2025, the Court of Appeals for the District of Columbia granted the Government’s motion for an emergency stay of the reinstatement order that the District Court for the District of Columbia issued earlier this month. This means that Member Wilcox is not reinstated to her position until the Court of Appeals issues its decision on the matter.

The Court will hear oral arguments on the merits of the case on May 16, 2025. For now, the stay of the District Court’s order means that the NLRB does not have enough members for a quorum, and therefore cannot operate in its usual capacity. Two vacant seats remain on the Board.

On March 24, 2025, President Trump also nominated attorney Crystal Carey to serve as the new National Labor Relations Board General Counsel. The appointment must be confirmed by the Senate to become effective.

Barran Liebman attorney Nicole Elgin will be covering several recent changes from the National Labor Relations Board and what they mean for unionized and non-unionized employers alike at our upcoming Barran Liebman webinar on April 8, 2025. Click this link to register.

For questions on this alert or labor relations, contact Barran Liebman attorney Nicole Elgin at 503-276-2109 or nelgin@barran.com.