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National Labor Relations Board

Scott Powers, WSCFF Federal & Industrial Locals Liaison to the WSCFF Executive Board

On July 5, 1935, President Franklin D. Roosevelt signed the National Labor Relations Act (NLRA) into law, commonly referred to as the Wagner Act. Among other protections, the NLRA provides private sector employees the right “to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing.” Private sector unions in the IAFF are distinguished with the moniker of Industrial Locals. The WSCFF represents three of these locals: I-24, Hanford Fire Fighters; I-66, Boeing Fire Fighters; and I-94, Tri-Med.

The NLRA created the National Labor Relations Board (NLRB), charged as a neutral arbiter, ensuring employee and employer rights are maintained. The NLRB powers are separated into two parts; one side is governed by a five-person Board and the other by the General Counsel. According to the NLRB website: “The Board primarily acts as a quasi-judicial body in deciding cases on the basis of formal records in administrative proceedings. Board Members are appointed by the President to 5-year terms, with Senate consent, the term of one Member expiring each year” and the General Counsel is “appointed by the President to a 4-year term, is independent from the Board, and is responsible for the investigation and prosecution of unfair labor practice cases and for the general supervision of the NLRB field offices in the processing of cases.” On December 18, 2025, the Senate confirmed nearly 100 presidential nominees. Three confirmations were NLRB appointees: Scott Mayer, James Murphy, and Crystal Carey. These three appointees were sworn in on January 7, 2026.

Board Member Scott Mayer also represented corporate interests as counsel from Morgan, Lewis, and Bockius LLP for almost a decade. In 2022, Mr. Mayer was hired as Chief Labor Counsel for the Boeing Corporation and oversaw the lockout of IAFF Local I-66 members, in 2024. During Mayer’s confirmation hearing, Senators Josh Hawley (MO) and Bernie Sanders (VT) pressed Mayer’s participation in the ongoing Boeing Machinist Union strike, in St. Louis;  Mayer skirted around their questions. On January 14, 2026, the NLRB announced Mr. Mayer had selected his chief counsel, Grant Kraus. In the announcement, it was noted prior to Mr. Kraus’ appointment he worked as an associate at Morgan, Lewis, and Bockius law firm.

Board Member James Murphy is a retired career attorney at the NLRB, having served as counsel for past board members over his tenure, most recently Chairman Marvin Kaplan. Chairman Kaplan served during the first Trump Administration and is supported by business and anti-labor groups. Murphy was also counsel for NLRB member Harry Johnson III; who, prior to his confirmation, was a partner at Jones Day, a multi-national law firm that, among many fortune 500 companies, also represented the Donald Trump campaign in 2016 and 2020. In the same NLRB announcement on January 14, Mr. Murphy selected Rachel Gartner to serve as Chief Counsel. It was noted during Ms. Gartner’s career she also worked at Morgan, Lewis, and Bockius as an associate.

General Counsel Crystal Carey was a former partner at Philadelphia-based law firm Morgan, Lewis, and Bockius LLP; specializing in representing businesses during labor disputes. Ms. Carey represented Apple, General Motors, Dollar General operator Dolgencorp and videogame maker Activision Blizzard in previous NLRB cases. According to their Wikipedia page, Morgan, Lewis, and Bockius represent approximately 75% of all Fortune 100 companies, nearly 300 of the Fortune 500 companies, 65 Fortune Global 100 companies, and almost half of all Fortune Global 500 companies.  

At the signing of the NLRA, President Roosevelt said, “a better relationship between labor and management is the high purpose of this Act.” The evidence suggests that, during the current administration, the labor-management relationship will be toxic with a favorable bias towards corporate interests. The stark reality is our Industrial Locals are forced to play a rigged game and, sadly, should brace for decisions rolling back labor precedents and protections. As Union fire fighters and voters, we need to remember all workers navigate tumultuous economic waters in the same ship; just because your feet are not getting wet, doesn’t mean the ship isn’t taking on water. We can no longer accept voting based on narrow self-interests and recognize individual ballots can create consequences for others.