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Firing NLRB Board Member Gwynne Wilcox

Update: On February 5, 2025, Ms. Wilcox sued the Trump administration over her dismissal.

President Trump has illegally removed NLRB Board Chair Gwynne Wilcox from office. In 2023, the U.S. Circuit Court of Appeals determined that the President does have the authority to remove the NLRB’s General Counsel, but not any of the Members of the Board, who act as an independent federal agency and are intended to be shielded from presidential interference after they are nominated and confirmed by the Senate. Ms. Wilcox described her removal as “illegal and unprecedented” and indicated that she intends to pursue legal action against the Trump administration to challenge her removal.

Removing Ms. Wilcox from office has also reduced the Board to only 2 members overall, Democratic appointee David Prouty and Republican Chair Marvin Kaplan. With only 2 members, the NLRB does not have a quorum, meaning they cannot make decisions or hear cases on unfair labor practices or union representation. This means President Trump has essentially made the Board non-operational. Elon Musk, billionaire and head of the Trump administration organization Department of Government Efficiency, has challenged the NLRB’s constitutionality in court in his private capacity as a CEO, rather than be held accountable for allegedly illegally firing SpaceX employees who tried to raise workplace concerns.

During her tenure at the NLRB, Ms. Wilcox played a crucial role in improving efficiency and effectiveness in processing cases. She has also championed measures at the Board to improve language access and public outreach by the agency. Ms. Wilcox was the first Black woman to serve on the NLRB and the first Black Chair. Through a series of decisions during the Biden administration, the NLRB made significant progress in rolling back the anti-worker agenda advanced by the Trump administration and expanded worker protections in key areas.