Restoring Balance: Ensuring Fairness and Transparency at the NLRB

Labor Department and Labor LawHouse Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions · June 11, 2025 · 119th Congress
The House Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions held this hearing to examine NLRB policies from the Biden administration and the impact of President Trump's removal of board member Gwen Wilcox, which left the NLRB without a quorum. Begins at ▶ 0:17:57
Transcript
Highlights

Title

NLRB fairness, quorum loss, and election rules debated in House hearing

Purpose

The House Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions held this hearing to examine NLRB policies from the Biden administration and the impact of President Trump's removal of board member Gwen Wilcox, which left the NLRB without a quorum. Republicans focused on secret ballot elections, blocking charges, joint-employer standards, and independent-contractor rules, while Democrats focused on the legality of Wilcox's firing, agency understaffing, and the popularity of unions. Four witnesses testified: Aaron Solem (National Right to Work Legal Defense Foundation), Vincent Vernuccio (Institute for the American Worker), Jennifer Abruzzo (former NLRB General Counsel, now with Communications Workers of America), and Roger King (HR Policy Association). Begins at▶ 0:17:57

Who spoke

• Chairman Rick Allen (R-GA)▶ 0:17:57: Opened by criticizing the Biden-era NLRB for favoring "card check" over secret ballots▶ 0:19:17, citing his Secret Ballot Protection Act▶ 0:19:36 and the Employee Rights Act▶ 0:21:23, and later questioned witnesses on election procedures and joint-employer rules▶ 0:49:42.

• Ranking Member Mark DeSaulnier (D-CA)▶ 0:22:40: Countered that unions poll at 71% approval▶ 0:23:09, criticized Trump's firing of NLRB member Gwen Wilcox and the executive order asserting control over independent agencies▶ 0:25:00▶ 0:25:27, and cited wage-growth data showing the bottom 90% gained 44% since 1979 versus 180% for the top 1%▶ 0:28:06; later pressed Abruzzo on labor leader David Huerta's detention in Southern California▶ 0:27:52▶ 1:28:18.

• Aaron Solem, National Right to Work Legal Defense Foundation▶ 0:33:30: Argued the Biden NLRB tilted the playing field against employees who oppose unionization, citing the *Cemex* decision and the "election prevention rule" reviving blocking charges and the recognition bar▶ 0:34:17▶ 0:35:04; described the Apple Bus Company case where 15 blocking charges delayed an election from 2017 to 2019▶ 0:52:59.

• Vincent Vernuccio, Institute for the American Worker▶ 0:36:43: Called for a quorum/majority requirement for union recognition under the Worker Infranchisement Act▶ 0:38:23 and criticized Sen. Josh Hawley's Faster Labor Contracts Act as allowing forced arbitration▶ 0:39:08; cited a study finding only 4.9% of union workers ever voted for their union▶ 1:23:22.

• Jennifer Abruzzo, former NLRB General Counsel▶ 0:40:06: Called for restoring the board's quorum, protecting NLRB independence, fully funding the agency (citing a need for roughly $100 million more)▶ 0:41:18▶ 1:10:57, and noted 459 cases were pending before the board as of last week▶ 1:20:41 with staffing down 62% in field offices since 2011▶ 1:45:37.

• Roger King, HR Policy Association▶ 0:44:18: Represented over 350 employers, argued the NLRB's general counsel pursued wasteful initiatives (student-athlete coverage, joint-employer expansion) costing an estimated $10 million from a drop in settlement rates▶ 0:47:26▶ 1:34:18; criticized the Hawley bill as unconstitutional and modeled on the PRO Act▶ 1:02:36.

• Rep. Virginia Foxx (R-NC)▶ 1:31:57: Questioned Solem on the Trump-era election protection rule versus the Biden "blocking charge" policy▶ 1:32:27 and King on settlement-rate costs▶ 1:34:18; asked Vernuccio about the *Lion Elastomers* decision permitting vulgar/racist speech during union activity▶ 1:35:09.

• Rep. Kevin Kiley (R-CA)▶ 1:21:28: Cited a study finding only 4.9% of union workers voted for their union and referenced the United Football League election where 13% of players unionized the workforce▶ 1:22:27; promoted his Worker Infranchisement Act requiring a two-thirds quorum for valid elections▶ 1:24:44.

• Rep. Joe Wilson (R-SC)▶ 1:11:28: Credited right-to-work laws with South Carolina's manufacturing growth (Michelin, BMW, Boeing)▶ 1:11:59▶ 1:12:24 and recalled NLRB opposition to Boeing's Charleston plant under the Obama administration▶ 1:15:02.

• Rep. Suzanne Bonamici / Rep. Pat Ryan *(unclear — likely Rep. Pat Ryan of NY, referred to as "Mr. Man Maninian")*▶ 1:06:03: Praised Abruzzo's tenure, described NLRB regional staffing shortages in upstate New York, and cited his own experience negotiating a teachers' contract ratified 366-0▶ 1:08:19.

• Rep. Bobby Scott (D-VA), Ranking Member of full committee▶ 1:46:55: Asked Abruzzo and King about the benefits of union membership for wages, safety, and reduced pay disparities▶ 1:47:20, and about consequences for employers who stonewall bargaining absent board sanctions▶ 1:47:44; gave closing remarks defending the NLRB's independence▶ 1:52:30.

• Rep. Mark Takano (D-CA)▶ 1:16:28: Asked Abruzzo whether card check is legally required and confirmed employers/unions may still request secret ballot elections under *Cemex*▶ 1:16:49▶ 1:17:48.

• Rep. Bob Onder (R-MO)▶ 1:21:58: Cited the 4.9% statistic and the UFL union election, referencing the "misread" study on worker infranchisement▶ 1:22:56.

• Rep. Joe Courtney (D-CT)▶ 1:36:32: Discussed a submarine-industry collective bargaining agreement with a 30% wage increase over five years at Electric Boat/UAW▶ 1:38:06, and asked Abruzzo about the historical purpose of the NLRA▶ 1:39:21.

• Rep. Summer Lee (D-PA)▶ 1:41:28: Argued unions counter corporate power imbalances, cited a 30-50% staffing decrease at the Pittsburgh regional NLRB office▶ 1:44:17, and raised a UPMC nurses' union election dispute tied to the board's lack of quorum▶ 1:44:45.

• Rep. Jim Walberg (R-MI), full committee Chairman▶ 1:00:40: Questioned Vernuccio on card check versus secret ballots▶ 1:01:03 and King on the Faster Labor Contracts Act's likely effect on first contracts▶ 1:03:04.

Key moments

• Solem detailed the Apple Bus Company case: a 2017 election petition was delayed to 2019 after unions filed 15 blocking charges, eight of which were dismissed, and the union ultimately walked away without facing voters▶ 0:52:59.

• Abruzzo stated 459 cases were pending before the NLRB as of the prior week due to the lack of quorum, including thousands of Starbucks workers awaiting back pay▶ 1:20:41.

• King said the agency's settlement rate dropped at least 5% under the Biden general counsel, costing an estimated $10 million based on the NLRB's own formula of $2 million lost per 1% settlement-rate decline▶ 0:47:26▶ 1:34:44.

• DeSaulnier and Abruzzo discussed the January firing of NLRB member Gwen Wilcox, which stripped the board of quorum; Abruzzo called it an unlawful violation of both statute and 90 years of Supreme Court precedent▶ 0:25:00▶ 0:41:46.

• Vernuccio cited a study finding only 4.9% of current union workers ever voted for the union representing them, and noted only 13% of United Football League players voted to unionize the entire league▶ 1:22:27▶ 1:23:44.

• Abruzzo said NLRB field-office staffing dropped 62% since 2011 despite comparable case intake, calling it "chronic understaffing"▶ 1:45:37▶ 1:46:08.

• King and Abruzzo both stated they want the board to have a quorum, though Abruzzo warned that without independent decision-makers a quorum could be lost again if the president fires a member whose ruling he dislikes▶ 1:50:13▶ 1:50:43.

• Solem and King sparred implicitly over *Cemex*: Solem called it "rather radical" for installing a union by government fiat even after a lost election▶ 1:26:12, while Abruzzo said the characterization that it eliminated secret ballots was "not a correct assertion"▶ 1:18:10.

• Scott asked what happens when an employer "stonewalls" after a union wins an election; King replied that without a fine provision like Hawley's bill, "winning the election didn't do much good"▶ 1:47:44.

• Lee cited UPMC paying its former CEO $30 million and leasing a $50 million private jet while nurses at UPMC McGee Hospital filed for a union election amid alleged exploitation of the board's lack of quorum▶ 1:44:17.

Metadata

CommitteeHouse Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions
Chamber / CongressHouse · 119th Congress
DateJune 11, 2025
TypeHearing
Witnesses
Mr. Roger King — Senior Labor and Employment Counsel, HR Policy Association
Mr. Vincent Vernuccio — President, Institute for the American Worker
Ms. Jennifer Abruzzo — Senior Advisor to the President, Communications Workers of America
Mr. Aaron Solem — Staff Attorney, National Right to Work Legal Defense Foundation
Ms. Jennifer Abruzzo — Senior Advisor to the President, Communications Workers of America
Mr. Roger King — Senior Labor and Employment Counsel, HR Policy Association
Mr. Aaron Solem — Staff Attorney, National Right to Work Legal Defense Foundation
Mr. Vincent Vernuccio — President, Institute for the American Worker
Videoyoutube
Transcript230 caption blocks · 14,843 words · 1:57:27 runtime
EventCongress.gov 118363