Making Moves: NLRB General Counsel and Democratic Board Member Removed

In a perhaps unsurprising move, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo was terminated from her role on Jan. 27. Abruzzo had six months left of her four-year term. Deputy General Counsel Jennifer Rutter is now acting general counsel. 

In a farewell statement, Abruzzo predicted: “if the Agency does not fully effectuate its Congressional mandate in the future as we did during my tenure, I expect that workers with assistance from their advocates will take matters into their own hands in order to get well-deserved dignity and respect in the workplace, as well as a fair share of the significant value they add to their employer’s operations.”   

A new general counsel, once selected, will have to be approved by the Senate.

The NLRB general counsel has significant authority in shaping federal labor policy, as this role decides which cases to prosecute and crafts legal theories to present to the five-member NLRB. Abruzzo was active in her role as general counsel, issuing numerous memorandums setting forth her enforcement priorities. Abruzzo's eventual successor will likely rescind most, if not all, of her previous memoranda.

Board member Gwynne Wilcox was also terminated. While there was some precedent for Abruzzo’s removal, the removal of a sitting NLRB member was a surprise. Wilcox's second board term was to end in August 2028. 

Two board members, Marvin Kaplan and David Prouty, remain. There are also two existing vacancies. The NLRB cannot issue decisions unless it has a quorum of at least three members. Accordingly, it now cannot decide cases, but it may process them short of resolution.