Senate Hearing on Crystal Carry’s NLRB Nomination
This week, the Senate is set to hold a hearing regarding the nomination of Crystal Carry, an administrative labor lawyer who isn’t widely known, to become the General Counsel for the National Labor Relations Board (NLRB).
The NLRB is a significant federal agency focused on safeguarding workers’ right to unionize. They address unfair work conditions and help workers collectively discuss improvements for their future. The General Counsel, essentially the agency’s main prosecutor, outlines its agenda and enforces labor laws. When workers approach the NLRB because of unjust dismissal tied to union activities or retaliation for voicing concerns, the General Counsel plays a crucial role in determining whether their cases are pursued.
Carry hails from Morgan Lewis, a law firm previously associated with three NLRB members during Trump’s first term, who notably interpreted labor laws in ways favoring management over workers. Yet, the political landscape has shifted since then.
Some believe Carry’s appointment could exacerbate existing issues, as the Trump administration has previously challenged the independence of agencies like the NLRB. Legal controversies have arisen, including the wrongful termination of agency members and executive orders that aim to reshape agency operations, potentially undermining their missions.
Given this critical juncture for the NLRB, senators on the Health, Education, Labor, and Pensions Committee must ask fundamental questions about Carry’s commitment to the institution she seeks to lead.
For instance, can Carry affirm that she will defend the board’s constitutionality and its operations? Her firm has represented big clients like SpaceX, claiming the NLRB’s structure and functions are unconstitutional and arguing that agency judges should not be insulated from presidential removal. Such positions question the very foundation of the NLRB’s authority.
The responsibilities of the General Counsel include not just litigating cases but also defending the agency and its statutory powers in court. That’s a hefty expectation for Carry, should she be confirmed.
Another pressing concern is whether Carry will uphold legal equity and independence. There’s been a notable threat to agency independence, particularly with the Trump administration’s recent executive orders, which aim to give the White House more control over independent agency decisions. Traditionally, the General Counsel has operated independently, but the new directives appear to threaten that autonomy. Changes could impact resource distribution, as well as legal interpretations tied to ongoing cases.
This kind of presidential interference could erode the integrity of agency actions. For example, under similar pressures, the Equal Employment Opportunity Commission recently dropped a lawsuit supporting transgender workers, citing compliance with presidential orders.
There’s a growing concern that allowing the president influence over individual agencies could encourage businesses to exploit political connections to evade accountability. The NLRB is currently involved in several cases against companies with close ties to the presidency, such as SpaceX and Amazon, raising alarms about potential bias.
Senators should seek assurance from Carry that she intends to enforce the law impartially and will resist any White House efforts to undermine the agency’s mission to protect worker rights.
Finally, will Carry advocate for sufficient resources to support the NLRB’s crucial work? Currently, the agency is suffering from underfunding. As more workers advocate for their rights, caseloads have surged even as staffing levels decline. Prior leadership, including former advisor Jennifer Abruzzo, has struggled with these resource challenges. Despite a slight funding increase, the agency still faces significant resource shortages.
As the NLRB’s role becomes increasingly vital amidst a burgeoning workforce demanding better conditions, it’s imperative that its leaders, even those not directly on the council, actively seek additional funding and resources to uphold the agency’s mission.
Any elected official who stands for American workers should support candidates committed to maintaining the NLRB’s mission, independence, and adherence to the National Labor Relations Act.
Lauren McFarlan, a senior fellow at the Century Foundation, previously served as the NLRB chairman from 2021 to 2024 and as a member from December 2014 to December 2019 and from July 2020 to January 2021.
