The NLRB Is No Longer Independent—What Employers Need to Know [Video]

Short summary

The U.S. Supreme Court ruled in Trump v. Slaughter that the NLRB is not independent, meaning Board members and General Counsel serve at the President's pleasure and can be removed at will. This ruling may trigger significant trickle-down effects across NLRB staff as civil service protections are also challenged. A new circuit split emerged on Section 10(j) injunction standards, with the Sixth Circuit diverging from the Ninth and Fourth Circuits on irreparable harm in refusal-to-bargain cases.

• •Supreme Court held NLRB members and General Counsel can be removed at will under Trump v. Slaughter
• •Ruling may cascade to NLRB staff as civil service protections face challenges
• •Sixth Circuit splits with Ninth and Fourth on Section 10(j) injunction standard post-McKinney

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