President Donald Trump has continued his shake-up of NLRB leadership by firing Acting General Counsel (GC) Jessica Rutter and replacing her with William Cowen. Mr. Cowen will serve as Acting GC until President Trump names an official nominee, who will require Senate approval. Ms. Rutter served as Acting GC for less than a week, having stepped in to replace former GC Jennifer Abruzzo, who President Trump fired on January 27, 2025. You can read more about GC Abruzzo’s termination here. The GC plays a critical role in the NLRB’s enforcement scheme and is responsible for the investigation and prosecution of unfair labor practices and supervises NLRB regional and field offices in processing cases.
Cowen is a long-time NLRB employee, having re-joined the agency in 2002 after starting his career there in 1979, eventually leaving for private practice in 1985. Cowen served as Board Member from January 2002 through November 2002, as a recess appointment by President George W. Bush. Since his recess appointment ended, Cowen has served as Executive Assistant to Board Chairman Robert Battista (2003-2006), the Board’s Solicitor (2006-2016), and Regional Director for the Agency’s Los Angeles Office (Region 21) (2016-2025). As Solicitor, Cowen advised the Board on law and policy and acted as liaison between the Board and the GC.
As Los Angeles Regional Director, Cowen did not shy away from pushing the status quo and prosecuted many high-profile cases, including against Apple and Amazon. Cowen also filed a still-pending complaint which seeks to overturn the Board’s precedent in Velox Express, which held that merely misclassifying employees as independent contractors is not an unfair labor practice.
Once a permanent GC is confirmed by the Senate, the NLRB is likely to clarify its enforcement priorities. An incoming GC’s first memorandum has traditionally set out the GC’s priorities and identified NLRB precedents the GC wants to change. Stay tuned for further updates on the second Trump Administration’s efforts to implement its vision for national labor policy.
Authors: Michael Shoenfelt, Becca Hill and Jacob Semus