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 Business Journals—The Playbook, in “Trump's NLRB Firings Create a 'Wild West' for Employers and Unions,” by Andy Medici. (Read the full version – subscription required.)

Following is an excerpt:

President Donald Trump's firing of National Labor Relations Board General Counsel Jennifer Abruzzo early in his second term was widely anticipated but another recent move by him — to fire a Democratic board member, depriving the NLRB of a quorum — was not.

Weeks after his inauguration, Trump has not yet moved to fill either vacancy, putting the NLRB into uncharted territory when it comes to what the agency can do — and what the standstill means for employers and unions.

"This is going to create something of a little bit of a Wild West," said Steven Swirsky, labor relations attorney and board member at law firm Epstein Becker Green. "There are so many likely unforeseen consequences of this."

That's because the NLRB has historically served to certify union elections, handled workplace complaints about the National Labor Relations Act, and also heard and decided on cases that involve employee-employer relations — and it's unlikely the board has the ability to do many of those tasks without a quorum, Swirsky said.

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