A tale of two National Labor Relations Boards
The National Labor Relations Board (NLRB) is a small, independent agency tasked with safeguarding the rights of workers to organize and collectively bargain. The NLRB is responsible for enforcing the National Labor Relations Act (NLRA)—the nation’s fundamental labor law. The NLRA covers most nonmanagerial private-sector workers and applies to both union and nonunion workers.
A recent resurgence in worker organizing has brought renewed focus on the NLRB. During this time, the NLRB under the Trump and Biden administrations has had two vastly different records on workers’ rights. President Trump’s NLRB advanced an agenda largely characterized as anti-worker and favored corporate interests. In contrast, President Biden’s NLRB is restoring and strengthening workers’ rights to form unions and engage in collective bargaining—the core rights guaranteed by the NLRA.
The following table analyzes actions taken by the president and by the National Labor Relations Board under the two administrations in 10 key areas.
| Issue | Biden board | Trump board |
|---|---|---|
| Appointees | Nominated experienced workers’ rights advocates, including the first Black woman to serve on the NLRB | Nominated corporate lawyers and Republican Hill staffer |
| Funding | Won the first significant increase in the NLRB’s budget in nearly a decade | Repeatedly proposed to cut the NLRB’s budget |
| Elections for union representation | Issued rules to streamline the representation process—cutting the time from petition to election in half | Issued rules that delayed the election process, giving employers more time to delay and campaign against the union |
| Student workers’ rights | Supports student worker organizing rights. More than 50,000 student workers have organized since 2022. | Proposed to strip student workers of their labor law rights |
| Misclassification of workers under the NLRA | Restored the long-standing test to reduce the risk of misclassification | Weakened the test for classifying workers and opened the door to more misclassification |
| Right to determine workers’ bargaining unit | Restored workers’ ability to choose who is in the unit (unless an overwhelming reason otherwise) | Allowed employers to interfere with and gerrymander the unit, delaying the election process |
| Definition of protected “concerted activity” | Restored the scope of protections to its prior, broader definition | Narrowed the scope of protections, making it easier for employers to punish or fire workers |
| Unfair labor practice prevention during the union organizing process | Ruled that employers who refuse to voluntarily recognize a union and then commit unfair labor practices may be required to recognize and bargain with the union | No meaningful action |
| Remedies for workers harmed by illegal employer retaliation | Broadened “make whole” remedies to include cost of medical bills and other expenses incurred due to illegal retaliation, in addition to back pay | No meaningful action |
| Access to employer property to organize | Ruled that off-duty contractor employees can organize at their workplace. General Counsel secured national settlement with Amazon to allow off-duty employees to organize at their workplace. | Ruled that employers can bar access to their property to off-duty contractor employees who are organizing, even if the employees work there |
Source: Lynn Rhinehart, Celine McNicholas, and Margaret Poydock, 2024, The Biden Board: How President Biden’s NLRB Appointees Are Restoring and Supporting Workers’ Rights, Economic Policy Institute, May 2024.