Late on Thursday, May 22, the Supreme Court granted the Trump administration’s application for a stay on a D.C. District Court’s order to reinstate Democrat Member Gwynne Wilcox to the National Labor Relations Board (NLRB). Wilcox’s reinstatement order had previously been stayed by Chief Justice John Roberts on April 9 “pending further order.” The May 22 stay was that “further order.”
Thus, Wilcox’s reinstatement continues to be stayed, and her case continues to work its way through the D.C. Circuit Court of Appeals. The implications of the stay, however, are more significant in the sense that the NLRB remains deadlocked 1-1 with Democrat David Prouty and Republican Chairman Marvin Kaplan still in office.
Without a third member, the Board cannot act on any substantive issues, whether they be precedential decisions or regulatory rulemakings, unless President Trump nominates one or more (presumably Republican) members who succeed in obtaining confirmation by the Senate.
About the author
Sean P. Redmond
Sean P. Redmond is Vice President, Labor Policy at the U.S. Chamber of Commerce.
