Subject: And the Award for Best Labor Drama Goes To… The NLRB and the FLCA: LRI INK

March 13, 2025

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And the Award for Best Labor Drama Goes To… The NLRB and the Faster Labor Contracts Act!

by Michael VanDervort

If the Academy handed out Oscars for workplace drama, the National Labor Relations Board (NLRB) and the Faster Labor Contracts Act (FLCA) would sweep the night. A federal court just blocked President Trump's attempt to fire NLRB member Gwynne Wilcox, putting the NLRB back in action. Meanwhile, the FLCA's push for mandatory arbitration in union negotiations has critics booing from the balcony. Grab your popcorn—here's a quick look at the top acts.


Best Courtroom Drama: The Reinstatement of Gwynne Wilcox


The Plot Twist
In January 2025, Trump tried to fire Gwynne Wilcox, a Biden-appointed NLRB member, claiming he had the authority to do so. The problem? The National Labor Relations Act (NLRA) says NLRB members can only be fired for cause—like neglect of duty or misconduct—which Wilcox was not guilty of.


The Court’s Mic Drop
Judge Beryl A. Howell shut it down, calling Trump's move a "blatant violation of the law." Citing the Supreme Court’s 1935 decision in Humphrey’s Executor v. United States, Howell’s ruling was clear: Congress can limit the President's power to fire members of independent agencies. Wilcox is back, and so is the NLRB's quorum—meaning the NLRB can resume functioning for now, albeit perhaps in a more balanced manner.

Best Adapted Screenplay: The Faster Labor Contracts Act (FLCA)


The Remake No One Asked For
On March 4, Senators Josh Hawley and Cory Booker introduced the FLCA, aiming to fast-track union negotiations through binding arbitration. It’s basically the Fast & Furious of labor laws—quick, controversial, and full of potential crashes.


The Three-Act Structure

  • Act 1: Mandatory Bargaining: Unions and employers must start negotiating within 10 days of certification.

  • Act 2: Mediation: No deal in 90 days? Enter the Federal Mediation and Conciliation Service (FMCS).

  • Act 3: Binding Arbitration: A three-member panel can impose a contract for two years if mediation flops.


Critics say this could leave employers locked in bad deals and workers without a voice.


And the Razzie for Worst Legislation Goes To… The FLCA!


Cue the Booing Critics
The Associated Builders and Contractors called the FLCA an "egregious" power grab, warning it would encourage unions to drag out negotiations in hopes of getting a sweeter deal from arbitrators. The American Trucking Associations accused lawmakers of bowing to union bosses.


Why the Critics Are Furious
The FLCA’s binding arbitration could stick employers with unaffordable contracts and leave workers powerless to object. Imagine being locked into a bad contract for two years with no chance for rewrites—that's a plot twist no one wants.


The Final Scene: To Be Continued…

Between Wilcox’s reinstatement and the FLCA’s push for binding arbitration, 2025's labor relations scene is becoming a blockbuster. Stay tuned—because the sequels are already in the works.

Phil Wilson Conquers “Mt. Stupid” on the Leadership Growth Podcast

by Michael VanDervort

Have you ever felt like you’re stumbling up “Mt. Stupid” in your leadership journey? You’re not alone.


In the latest episode of the Leadership Growth Podcast, Phillip B. Wilson —CEO of LRI Consulting Services, Inc., founder of Approachable Leadership, and author of seven books (including the forthcoming The Leader-Shift Playbook: 4 Simple Changes to Score Big and Unleash Your Team’s Potential)—joins Daniel and Peter Stewart to discuss common pitfalls leaders face and how to overcome them.


Phil shares why imposter syndrome can propel leaders forward, uncovers the three warning signs of an impending leadership trainwreck, and reveals the four foundational beliefs that drive a team’s success. Plus, the conversation takes a heartfelt turn as Daniel, Peter, and Phil reminisce about their experiences growing up in a family business.


Don’t miss this engaging conversation about leading with humility, staying focused on what matters, and always keeping your customers in sight.


Watch the full interview here!

Pre-Order the Leader-Shift Playbook Today for April 1st

Why Is UAW President Shawn Fain So Wild About Trump’s Tariffs?

by Kimberly Ricci

Trump’s chaotic tariffs have gone into effect—well, partially. To briefly recap, 25% tariffs now exist on almost all imports from Mexico and Canada, with an additional 10% on imports from China and 25% on steel and aluminum imports. However, following lobbying by the Big Three, Trump granted a one-month reprieve for the industry to work out logistics, including how most automakers have plants in Mexico, Canada, or both.


So, in April, analysts believe that a third of vehicle production could halt within a week. Plants cannot be relocated within that time, and that says nothing of the effects of Canada and Mexico’s retaliatory tariffs. Trump also suggested, “You know, the tariffs could go up as time goes by.”


We previously questioned why Fain, whose union did not endorse Trump, was quick to hop aboard this tariff train, so let’s explore further.


The UAW’s stance: A month ago, the UAW declared that it “supports aggressive tariff action to protect American manufacturing jobs.” More recently, the union called the tariffs “necessary” and “a powerful tool in the toolbox for undoing the injustice of anti-worker trade deals.” Fain further revealed that UAW is “in active negotiations with the Trump Administration about their plans to end the free trade disaster.” He added, “We look forward to working with the White House to shape the auto tariffs in April.”


UAW Comms Director Jonah Furman is backing up Fain, who told ABC News, "Tariffs are an attempt to stop the bleeding from the hemorrhaging of jobs in America for the last 33 years.” Also, "NAFTA sucks.”


Wait, wasn’t the North American Free Trade Agreement replaced? Yes. Trump previously replaced NAFTA with the United States-Mexico-Canada Agreement (USMCA). In doing so, the White House promised, “USMCA will replace the terrible NAFTA agreement that resulted in the loss of millions of American jobs.” USMCA went into effect on July 1, 2020. Does Trump now want to undo his own 2020 trade agreement? Perhaps.


Does Fain believe what he’s selling on tariffs? It appears consistent with his union’s “long-standing opposition to free trade” and globalization. Yet several UAW members expressed fears to progressive publication WSWS, which lambasted Fain for being “oblivious to the impact on autoworkers.” One worker also accused Fain of climbing into the GOP’s pocket and chasing political clout.


Wait until you see what’s next…


Another wrinkle: Over the weekend, Fain headlined a Bernie Sanders “Fight Oligarchy” rally attended by 6,000+ people. In doing so, Fain called out the “billionaire class,” including a high-profile member of Trump’s administration, who he declares is working against the “working class.” Could this harm negotiations between the UAW and Trump? It remains to be seen.


The takeaway: Anticipated tariff effects include swift 20% vehicle price hikes, and analysts wonder why Trump chose blanket tariffs on all goods rather than targeting specific products while investing in infrastructure.


For example, Honda announced plans to shift production to the U.S., but this could take years to achieve, and Trump has not publicly offered any assistance in making this happen sooner. So, unless something changes, it’s not looking great for auto industry jobs in April, and there’s zero way to predict what, or even if, Trump and Fain will “negotiate” in the interim, no matter what bluster we hear from Fain and other union presidents.


Stories You May Have Missed:


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California and Texas join push to end remote work among state employees

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GM-LG battery plant workers in Tennessee approve first UAW contract 

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About Labor Relations INK

Labor Relations INK is published weekly and is edited by LRI Consulting Services, Inc. Feel free to pass this newsletter on to anyone you think might enjoy it. New subscribers can sign up by visiting here.


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Contributing editors for this issue: Greg Kittinger, Michael VanDervort, and Kimberly Ricci.


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About Labor Relations Institute

LRI exists to help our clients thrive and become extraordinary workplaces. We improve the lives of working people by strengthening relationships with their leaders and each other. For over 41 years, LRI has led the labor and employee relations industry, driven by our core values and our proven process, the LRI Way.

 

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