In a surprising development, Donald Trump dismissed Gwynne Wilcox, a member and former chair of the National Labor Relations Board (NLRB). This decision cuts short her term, which was expected to run until August 2028. Wilcox, notably the first Black woman to serve on the Board, described her dismissal as "unprecedented and illegal" and has announced her intention to challenge the move through all available legal avenues.
Jessica Rutter, previously serving as deputy general counsel, has stepped into the role of acting general counsel following Wilcox's removal. The NLRB now operates with just two members, falling short of the necessary quorum of three members required to issue decisions, according to a 2010 Supreme Court ruling. This absence could significantly impact the Board’s ability to function effectively in its duties.
The National Labor Relations Act stipulates that the president can only dismiss board members under specific circumstances, such as negligence of duty or malfeasance. Typically, board members see out their terms even when presidential administrations change. Wilcox’s dismissal disrupts this tradition and raises questions about its legality and precedent.
The timing of Wilcox's dismissal is noteworthy as she was appointed chair of the NLRB by President Biden only last month. In contrast, Marvin Kaplan, a Republican-appointed member, was appointed as chair by Trump last week. This shift in leadership dynamics occurs amidst the removal of Jennifer Abruzzo, the NLRB's general counsel, who highlighted the Board's achievements in education, protection, and enforcement efforts during her tenure.
“Accomplished so much through our robust education, protection, and enforcement efforts,” said Abruzzo.
Abruzzo’s statement underscores the significant strides made by the NLRB during her time. However, she acknowledged that these advancements may face challenges moving forward.
“There’s no putting that genie back in the bottle,” Abruzzo added.