President
Trump’s partisan purge of Democratic NLRB officials in the late hours of Monday targeted Wilcox, the first Black woman to serve on the board. General Counsel Jennifer Abruzzo was terminated as well.
It appears that Chair Marvin Kaplan, the NLRB’s sole Republican, and Democratic member David Prouty remain.
The NLRB can’t issue decisions unless it has a quorum of at least three members, according to a US Supreme Court decision from 2010.
Trump had been expected to fire Abruzzo as a follow up to former President Joe Biden’s unprecedented Inauguration Day termination of Peter Robb, the general counsel during Trump’s first term in office. Jessica Rutter was elevated from deputy general counsel to acting general counsel, the agency announced Tuesday.
Federal appeals courts have affirmed the president’s authority to fire the agency’s GC.
But Trump summarily axed Wilcox—who was confirmed by the Senate in September 2023 to a second term ending in August 2028—in the face of the National Labor Relations Act only allowing the president to fire NLRB members “upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.”
“I will be pursuing all legal avenues to challenge my removal, which violates long-standing Supreme Court precedent,” Wilcox said in a statement.
The Supreme Court’s 1935 decision in Humphrey’s Executor v. US has supported removal protections for many independent agencies, including the Equal Employment Opportunity Commission, the Federal Trade Commission, and most notably the Federal Reserve System’s Board of Governors.
The board members’ shield against at-will removal has been challenged in a slew of lawsuits alleging it’s an unconstitutional limit on the president’s power.
Although the high court in recent years has rolled back statutory firing for independent agencies with single directors, it hasn’t allowed the president to fire NLRB members, the Fed chairman, or other officials on agency boards for any reason.
An NLRB spokesperson didn’t immediately respond to requests for comment.
The recent firing of Democrat Gwynne Wilcox by former President Donald Trump has sparked controversy and backlash from labor advocates. Wilcox, who served as a member of the National Labor Relations Board, was known for her strong advocacy for workers’ rights and protections.
Many see Wilcox’s dismissal as a blatant attempt by the Trump administration to stymie the efforts of the labor board and undermine the rights of workers. Her removal leaves the board with a Republican majority, potentially jeopardizing decisions that could impact labor laws and regulations in the future.
Labor unions and advocacy groups have condemned the move, calling it a political maneuver to stack the board in favor of big business interests. They are calling for Wilcox’s reinstatement and for the protection of workers’ rights to be upheld.
The firing of Gwynne Wilcox is just one example of the ongoing battle between labor advocates and the Trump administration. It serves as a reminder of the importance of protecting workers’ rights and ensuring that the National Labor Relations Board remains a fair and impartial body for all parties involved.
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