NLRB Still Paused – Wilcox’s Brief Reinstatement Temporarily Blocked By Supreme Court

The unfortunate drama over President Trump’s termination of National Labor Relations Board Member Gwynne Wilcox took some crazy turns this week. She was reinstated to the Board on Monday and removed again on Wednesday. As the Board lacks a quorum without her, it cannot currently issue decisions or hear cases. 

On Monday, April 7, 2025, the U.S. Court of Appeals for the District of Columbia Circuit granted Ms. Wilcox’s request to reconsider reinstating her to the NLRB while the appeal over her termination is pending. Considering Ms. Wilcox’s request for reconsideration en banc, the full D.C. Court of Appeals returned Ms. Wilcox to the Board until a decision on the merits is made as to the President’s ability to terminate her without cause or notice. 

But the Trump Administration appealed that ruling to the U.S. Supreme Court. On Wednesday, April 9, 2025, Chief Justice Roberts temporarily stayed her reinstatement pending further consideration by the Court. Ms. Wilcox will file a response to the government’s emergency application by April 15, after which we expect a further ruling from the Supreme Court.  

Meanwhile, the D.C. Court of Appeals is scheduled to hear the merits of this case – whether the President had the authority to terminate Ms. Wilcox – on May 16, 2025. The appeals court rejected Ms. Wilcox’s request for an en banc ruling on the merits, and her case will instead be decided by a panel of three judges. 

However, the Trump Administration has asked the Supreme Court to hear the merits of the case now rather than waiting for the appeals court to make a decision. We will keep you posted on the Supreme Court’s next ruling which may determine: (1) whether Ms. Wilcox can return to work while her case is decided; and (2) whether the D.C. appeals court or the Supreme Court will have the next say on the merits of her discharge.

In the meantime, when the Board lacks a quorum, the NLRB Regional Offices will continue to process unfair labor practice charges and conduct elections. KZA attorneys remain available to assist you with any NLRB matters or questions.

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.