This morning, Gwynne Wilcox, represented by Deepak Gupta of Gupta Wessler LLP, filed a complaint in the D.C. District Court, asserting that her removal from the National Labor Relations Board (NLRB) was unlawful. The lawsuit requests that the court declare her dismissal illegal under the National Labor Relations Act and order Chairman Marvin Kaplan to reinstate her, including restoring access to NLRB facilities and equipment.
Wilcox, an experienced labor attorney, was twice confirmed to the NLRB with bipartisan Senate support and has more than three years remaining in her current term. No Board Member has ever been removed by a President in the NLRB’s 90-year history. Her removal, executed by President Trump, has been widely criticized as an unprecedented and illegal action that threatens the Board’s independence and its ability to protect workers.
Legal experts argue that the National Labor Relations Act provides clear protections against such removals, allowing Board Members to be dismissed only for neglect of duty or misconduct, and only after notice and a hearing. Supreme Court precedent, including Humphrey’s Executor, has long affirmed the necessity of removal protections for independent agencies like the NLRB, the Federal Trade Commission, and the Federal Reserve Board. By attempting to remove Wilcox without cause, notice, or hearing, President Trump is likely violating well-established law.
Wilcox’s removal has immediate consequences for the functioning of the NLRB. Without her, the Board lacks the quorum necessary to issue decisions, leading to delays for workers, unions, and employers awaiting rulings. If this removal is allowed to stand, future Board Members may face undue political pressure, undermining their ability to judge cases fairly.
On the night of January 27, Wilcox, along with NLRB General Counsel Jennifer Abruzzo, received an email from the White House Presidential Personnel Office stating she was “hereby removed” from the Agency. By the following day, under Chairman Kaplan’s supervision, NLRB staff had revoked her access to Board systems, equipment, and facilities, effectively preventing her from carrying out her duties.
The outcome of this legal battle has significant implications beyond the NLRB. It raises concerns about the broader threat to independent regulatory agencies and the precedent it could set for future administrations. While partisan shifts in agency leadership are normal, removing a duly confirmed Board Member in direct violation of the law is unprecedented and jeopardizes the stability of the NLRB’s mission to uphold workers’ rights.
For further details, the full complaint is available here, and statements from Wilcox and her attorney can be accessed here.
