Key Takeaways:
- The National Labor Relations Board (NLRB) has been crippled by the Trump administration, leading to a significant decline in labor law enforcement.
- The NLRB’s lack of quorum has resulted in a backlog of cases, with only six decisions issued in 2025, compared to around 150 in 2024.
- The agency’s workforce has declined by around 100 employees under Trump, and its budget request seeks a reduction of $14m.
- States like New York and California have passed laws to grant state labor agencies authority to oversee private sector union elections and ULP charges.
- The Supreme Court is expected to rule on the constitutionality of the NLRB, the firing of a board member, and the independence of federal agencies like the NLRB.
Introduction to the Labor Movement
The labor movement in the United States has been facing significant challenges in recent years, particularly under the Trump administration. In January, workers at a Whole Foods Market store in Philadelphia made history by winning a vote to form a union, a first for the grocery chain’s 530 US stores. However, their excitement was short-lived, as the National Labor Relations Board (NLRB), the top US labor watchdog, has been crippled by the Trump administration, leading to a significant decline in labor law enforcement. The NLRB’s lack of quorum has resulted in a backlog of cases, with only six decisions issued in 2025, compared to around 150 in 2024.
The National Labor Relations Board
The NLRB is tasked with protecting workers’ rights, overseeing the labor movement, and ruling on disputes between employers and unions. However, the agency’s five-seat board, which hears disputes and oversees union elections, requires at least three members to issue a ruling. With the Trump administration’s firing of a board member, the NLRB has been left without a quorum, rendering it unable to make decisions. This has led to a significant decline in labor law enforcement, with many workers and unions left in limbo. The NLRB’s acting general counsel, William Cowen, has disputed claims that the agency has been crippled, but workers and unions are feeling the effects of the agency’s paralysis.
The Impact on Workers
The lack of quorum at the NLRB has had a significant impact on workers, particularly those who are trying to form unions or resolve labor disputes. Workers at the Whole Foods store in Philadelphia, for example, have been waiting for almost a year for the status of their union to be resolved. The delay has been frustrating for workers, who are eager to negotiate better wages and working conditions. Ed Dupree, a worker at the Whole Foods store, said, "Whole Foods has more than enough money and profit to be able to share that wealth with the workers. A union is the main way for us to get more of the profit of our labor." The delay has also had a chilling effect on the labor movement, with many workers and unions hesitant to pursue unionization efforts due to the uncertainty and lack of enforcement.
The Response from States
In response to the decline in labor law enforcement at the federal level, some states have taken steps to fill the void. New York and California, for example, have passed laws granting state labor agencies authority to oversee private sector union elections and ULP charges. These laws have been challenged by the NLRB, but they represent an important step towards protecting workers’ rights at the state level. California assemblymember Tina McKinnor said, "The current president is attempting to take a wrecking ball to public and private sector employees’ fundamental right to join a union and collectively bargain for fair wages, benefits, and safe working conditions. California will not sit idly as its workers are systematically denied the right to organize due to employer intransigence or federal inaction."
The Future of the Labor Movement
The future of the labor movement in the United States is uncertain, with the Supreme Court expected to rule on the constitutionality of the NLRB, the firing of a board member, and the independence of federal agencies like the NLRB. The potential loss of independence at the agency could have significant implications for workers and unions, who rely on the NLRB to resolve labor disputes and protect their rights. Lauren McFerran, the former NLRB chair, said, "If the agency does start operating in a fundamentally more politicized way, I think people will have to find other ways to get their labor disputes resolved, because they’ll lose trust in the board altogether." The outcome of these cases will have significant implications for the labor movement, and workers like those in Philadelphia will be watching closely.
