NLRB Member Wilcox Returned To Work
On March 6, 2025, a D.C. federal court ruled that President Trump’s discharge of National Labor Relations Board Member Gwynne Wilcox was “a blatant violation of the law.” Ms. Wilcox is permitted to return to the Board which now has the quorum needed to issue decisions.
Board Members serve 5-year terms and can be removed, under the National Labor Relations Act, upon notice and hearing only for “neglect of duty or malfeasance in office.” Ms. Wilcox’s term expires in August, 2028, but the Trump Administration took the position that the limitation on the President’s right to terminate a Board Member conflicts with his constitutional duty to take care that laws are faithfully executed.
The federal court rejected this argument, finding that for-cause restrictions “on the removal of leaders of multimember boards or commissions is a stalwart principle in our separation of powers jurisprudence.” The Trump Administration appealed this ruling and has represented its intention to seek a stay of the court’s decision while the appeal is pending.
We can expect the battle over the legal principles involved in this case to continue for the next few months. In the meantime, the Board now consists of 3 Members: Republican Chair Marvin Kaplan and Democratic Members David Prouty and Gywnne Wilcox. President Trump has not yet nominated individuals to fill the two open seats on the Board.
If you have questions or need guidance on a NLRB matter, please contact us. Otherwise, stay tuned for more updates.
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