Will Trump’s Attorney General Override the NLRB?
An anti-union trade association is urging the US attorney general to invalidate 15 previously decided NLRB cases. The group argues the AG can and should declare that certain board precedent is no longer binding, an unprecedented and illegal move.
The National Labor Relations Board seal is displayed on decisions and orders volumes at the headquarters in Washington, DC, on Monday, September 30, 2019. (Andrew Harrer / Bloomberg via Getty Images)
On April 3, 2025, the Coalition for a Democratic Workplace (CDW), an anti-union trade association, sent Attorney General Pam Bondi a letter urging her to invalidate fifteen National Labor Relations Board (NLRB) cases that were decided during the Biden administration.
It is common for the NLRB to reverse some of its precedent whenever control of the presidency changes from one party to the other. The way this has always worked is that the general counsel brings a case through the NLRB adjudicative process and then the board uses the case to announce that they are establishing a new rule on a particular point of law.
The letter from CDW seizes upon Executive Order No. 14215 and President Donald Trump’s full embrace of the conservative unitary executive theory to argue that AG Bondi can and should just declare that certain NLRB precedent is no longer binding.
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