Steven M. Swirsky, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in The Washington Post, in “Amazon and SpaceX Aim to Defang the Federal Labor Board. Trump May Help,” by Caroline O'Donovan and Lauren Kaori Gurley. (Read the full version – subscription required.)
Following is an excerpt:
More than two dozen corporations are pursuing legal action against the agency that protects labor organizing as Trump weighs challenging its legal structure by firing Democratic board members.
Donald Trump’s presidential administration is poised to oversee major cuts to the powers of the federal agency that protects unions, as corporations including Elon Musk’s SpaceX barrage the National Labor Relations Board with lawsuits and Trump allies consider firing its Democratic members.
This week, Amazon, the nation’s second-largest private employer, and rocket maker SpaceX, founded by Trump adviser Musk, argued in federal court that the structure of the NLRB is unconstitutional. They are among two dozen cases working their way through the courts that seek to drastically rein in the board’s power.
Trump advisers have separately discussed taking the exceptional step of firing Democratic members of the five-person labor board, according to two people familiar with the matter, who spoke on the condition of anonymity to describe internal discussions.
Taken together, the moves threaten to weaken or even eliminate an agency that under the Biden administration has taken a more active role in safeguarding unions and expanding their opportunities, but has been criticized by corporations for bias in favor of unions and legal overreach. …
Steven Swirsky, an attorney at Epstein Becker Green, a law firm representing employers, said there is a view among some challenging the NLRB that it “exists to help unions and workers and to impose obligations on employers that go beyond what Congress intended.”
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Board of Directors / Member of the Firm
