Feb 6, 2025 Story by: Editor
WASHINGTON, Feb 5 (Reuters) – A former member of the National Labor Relations Board (NLRB) has filed a lawsuit against the U.S. President Donald Trump, alleging that her dismissal violated federal labor laws designed to protect the rights of American workers.
Gwynne Wilcox, who was terminated on Jan. 27 via a late-night email from the White House, claims in her lawsuit that the move was unlawful. The National Labor Relations Act states that board members can only be removed for neglect of duty or malfeasance in office, not for any other reason.
In her complaint, filed in Washington, D.C., federal court, Wilcox described her firing as “part of a string of openly illegal firings” carried out by Trump at the start of his second term. The White House has not yet responded to requests for comment.
Wilcox was not the only official removed on Jan. 27. Trump also dismissed NLRB general counsel Jennifer Abruzzo, though her termination had been widely anticipated. This move mirrored actions taken by former President Joe Biden, who dismissed Trump-appointed NLRB General Counsel Peter Robb on Inauguration Day in 2021.
Appointed by Biden, Wilcox was the first Black woman to serve on the NLRB. Her five-year term was set to run until 2028, making her the first board member in the agency’s history to be removed before completing her term. Her departure leaves the NLRB with only two out of five seats filled, effectively preventing the agency from functioning. This has stalled hundreds of pending cases involving major companies, including Tesla (TSLA.O), Amazon (AMZN.O), Apple (AAPL.O), and Walmart (WMT.N). Additionally, Starbucks (SBUX.O) is facing multiple cases amid ongoing unionization efforts.
Legal Battle Over NLRB Independence
Wilcox is asking the court to order NLRB Chairman Marvin Kaplan, who is also named in the lawsuit, to reinstate her to the board. She maintains that her firing threatens the agency’s independence, as well as that of other federal bodies.
She emphasized the importance of preserving the NLRB’s autonomy, stating, “When Congress established the NLRB, it made sure that the law would protect its independence from political influence. My removal, without cause or process, directly violates that law.”
On the same day Wilcox was fired, Trump also dismissed Charlotte Burrows and Jocelyn Samuels, two Democratic commissioners from the U.S. Equal Employment Opportunity Commission (EEOC), a federal agency responsible for enforcing workplace anti-discrimination laws. Their removals were unprecedented and could lead to additional legal challenges.
The NLRB plays a critical role in upholding workers’ rights, including their ability to unionize and advocate for better working conditions. However, legal challenges to the agency’s authority have been mounting. More than 20 companies, including Amazon and Elon Musk’s SpaceX, have filed lawsuits arguing that the president should have unrestricted authority to fire NLRB board members and that the agency’s enforcement system is unconstitutional.
While Abruzzo has not yet sued over her dismissal, legal experts suggest that her case may face significant hurdles. Similar challenges have been unsuccessful in the past; in 2022 and 2023, two federal appeals courts upheld Biden’s firing of Trump-appointed general counsel Peter Robb, ruling it was within presidential authority. Source: Reuters
