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The recent nomination of Crystal Carey, a partner at Morgan Lewis & Bockius, by Donald Trump to be the National Labor Relations Board’s general counsel has raised concerns about the independence of the agency. The NLRB recently froze two cases against Apple, where Carey represents the tech giant, prompting questions about potential conflicts of interest.
The complaints against Apple, filed last year by the NLRB, alleged that the company interfered with employee attempts to organize. However, the agency abruptly pulled back from two of the cases after Carey’s nomination. This move has sparked fears that the Trump administration is tightening its control over independent federal agencies, potentially eroding important democratic institutions.
Carey’s nomination comes at a time when Trump has already taken steps to assert his influence over the NLRB. Earlier this year, he fired Democratic board member Gwynne Wilcox and the agency’s general counsel, Jennifer Abruzzo, leading to further concerns about the agency’s independence.
The NLRB plays a crucial role in overseeing US labor disputes, with individuals filing petitions against companies to its regional offices. If the agency determines that action should be taken, charges are brought and adjudicated by administrative law judges. Regional NLRB offices can withdraw complaints at any stage of the process.
The cases against Apple, brought by leading figures of the 2021 ‘AppleToo’ movement, Janneke Parrish and Cher Scarlett, alleged violations of federal labor laws. The NLRB accused the company of interfering with discussions about pay equity and engaging in constructive dismissal of employees advocating for workplace changes.
Despite Apple’s strong denial of the allegations, the NLRB’s decision to freeze the cases has raised concerns about the fairness of the legal process. Parrish, one of the complainants, expressed doubt about receiving a fair hearing with Carey representing Apple in the cases.
With the trials postponed indefinitely pending a legal review by the NLRB’s head office, the future of these cases remains uncertain. However, a third former Apple employee, Ashley Gjøvik, confirmed that her case is still on track for a hearing in August.
The nomination of Crystal Carey and the freezing of the cases against Apple highlight the potential challenges facing workers’ rights under the current administration. As the situation unfolds, it remains to be seen how these developments will impact labor disputes and the independence of federal agencies.
Additional reporting by Stefania Palma in Washington
