Earlier this year, a worker at a Trader Joe’s store in Boston faced a setback when the National Labor Relations Board (NLRB) dismissed their wrongful termination case. The board cited a “lack of cooperation” as the reason for the dismissal. This decision aligns with the NLRB’s implementation of new policies requiring workers to provide extensive documentation before their cases are even assigned to an investigator.
Under the revised standard, those alleging unfair labor practices must submit a timeline of events, relevant documentation, and a list of potential witnesses along with summaries of their expected testimonies. Previously, this information was collected by board investigators, but now workers must shoulder this responsibility, increasing the likelihood of case dismissals if they fail to comply.
The Department of Labor attributed this shift in policy to “the existing backlog of cases and decreasing staffing levels.” Critics argue that this change disproportionately benefits employers by allowing them to evade scrutiny. Legal experts, such as attorney Seth Goldstein, who represents the Trader Joe’s worker, expressed concern that many employees, particularly those without legal representation, may accept dismissals without challenge. Goldstein remarked, “I can’t imagine how many dismissals that have occurred, where people just accept it as the final word by the government.”
Leadership and Policy Challenges
The current state of the Department of Labor reflects turmoil at its leadership level. Secretary Lori Chavez-DeRemer, appointed by former President Donald Trump, has faced multiple controversies since taking office in January. Allegations regarding her personal conduct and those involving her husband, who has faced accusations of sexual assault, have further complicated the department’s image. An investigation led by the department’s inspector general, Anthony D’Esposito, has prompted the resignation of several top aides.
In addition to these internal issues, the Trump administration has directed the Equal Employment Opportunity Commission (EEOC) to scrutinize diversity and inclusion programs. Andrea Lucas, chair of the EEOC, has sought assistance from white male employees to combat discrimination claims, framing this initiative as a broader effort to address perceived biases.
The Occupational Safety and Health Administration (OSHA) has also faced challenges, with Senate Democrats reporting that the agency conducted 20% fewer inspections and issued 42% fewer fines in 2025.
Impact on Union Activity
The NLRB has also struggled with operational effectiveness. The agency spent nearly a year without a quorum, which impeded its ability to issue rulings and allowed case backlogs to grow. A review by the Center for American Progress indicated that union elections overseen by the NLRB plummeted by 30% year over year during Trump’s administration, with participation rates dropping by 42%.
An NLRB insider noted that the current dysfunction stems from a decade-long decline in funding and staffing, exacerbated by the previous administration’s policies. “You have more charges than you do people to investigate them, and unless you get the people to investigate them, I don’t think we’re going to be able to make a significant dent in the backlog,” the source explained.
Moreover, a recent policy change has resulted in increased liabilities for employers. The time frame for scheduling hearings after a charge has increased significantly, from an average of 215 days in fiscal year 2022 to nearly 495 days in 2025. This extended timeline means employers may face over a year’s worth of back pay liability in wrongful termination cases.
Despite the growing backlog, regional offices continue to close cases in line with previous years. Reports from the Brookings Institution and the Economic Policy Institute highlighted that case closures remained consistent with trends from 2023 and 2024, suggesting that the agency’s long-term dysfunction persists.
Aurelia Glass, an analyst at the Center for American Progress, emphasized that the current situation reflects a broader agenda to undermine workers’ rights to organize. “Leaving the board without a quorum for almost a year is significant. There have been a lot of different kinds of attacks from the administration on organizing,” Glass noted.
The NLRB did not respond to requests for comment on these developments. As the situation unfolds, the implications for workers and labor rights in the United States remain a critical concern.
