NLRB On Pause, Again – Appeals Court Stays Wilcox’s Reinstatement

On March 28, 2025, the U.S. Court of Appeals for the District of Columbia Circuit granted the Trump Administration’s emergency motion to stay a federal court’s order reinstating Board Member Gwynne Wilcox to the National Labor Relations Board (NLRB or Board). Ms. Wilcox has asked the full appellate court to reconsider this ruling. For now, however, the Board is once again without the quorum it needs to make decisions.  

So far, the appellate court is addressing only the procedural issue of whether Ms. Wilcox should be reinstated given the lower court’s ruling. The D.C. Court of Appeals will hear the merits of this case – whether the President had the authority to terminate Ms. Wilcox – on May 16, 2025. Ms. Wilcox has asked the appeals court to consider the merits en banc – meaning, all of the judges would decide the matter instead of a smaller panel of judges. 

The NLRB Regional Offices will continue to process unfair labor practice charges and conduct elections, but the Board will not issue decisions until/if Ms. Wilcox returns or a new Board Member is appointed and confirmed. 

If you have questions about a pending NLRB matter or need assistance with strategy, please contact a KZA attorney. We will continue to update you on developments. 

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.