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Former Chair of the National Labor Relations Board (NLRB), Gwynne Wilcox, has filed a lawsuit against President Donald Trump, alleging unlawful termination from her position. The legal action, initiated on Wednesday in a federal court in Washington, D.C., contends that her firing was executed for political reasons, in violation of the statute which established the NLRB nearly a century ago.
Wilcox’s legal team asserts that her removal was a targeted act to further the administration’s political agenda, undermining the intended independence of the agency. The lawsuit seeks to reinstate Wilcox to her former role and declares her dismissal as unlawful.
Established by Congress to uphold labor laws in the United States, the NLRB is designed to operate independently, shielding board members from arbitrary dismissals. This significant legal precedent was highlighted by the unprecedented nature of Wilcox’s removal; prior to this, no NLRB member had ever been dismissed by a sitting president.
On Trump’s inauguration day, he replaced Wilcox as chair with another board member. Within a week, both Wilcox and the NLRB’s chief legal advisor, Jennifer Abruzzo, were terminated via what the lawsuit describes as a covert “late-night email.” The communication suggested that their dismissals were justified as agency heads “must share the objectives of [Trump’s] administration,” a clear reflection of the political motivations behind their firings.
The lawsuit points out that such actions not only contravene the NLRB’s independent structure but have also halted all ongoing regulatory activities within the agency. At the time, the board was already operating with two vacancies out of five positions. Therefore, Wilcox’s ouster has reduced the board to just two active members, Marvin Kaplan and David Prouty, leaving the NLRB without the requisite three-member quorum necessary to function effectively and resolve labor disputes.
This situation may prove advantageous for several corporations, including SpaceX, Amazon, and others, which have been engaged in numerous legal battles asserting that the labor board’s framework is unconstitutional. Notably, Elon Musk, a notable critic of labor unions and a significant contributor to Trump’s campaign, currently holds a role as a “special government employee” and is leading Trump’s initiative to reduce the size of the federal bureaucracy.
Musk and the DOGE initiative are actively pursuing policies aimed at lowering government expenditure, which includes sweeping changes to agency personnel and structures. Musk controversially remarked about the efforts targeting the U.S. Agency for International Development, indicating a radical approach to governance.
While the NLRB has not commented on the matter, Wilcox’s lawsuit presents a broader confrontation regarding the extent of executive power. Her legal representation argues that Trump’s actions against her are part of a larger pattern of illegal dismissals designed to challenge the legislative framework that supports independent agencies such as the NLRB.
According to the claims in the lawsuit, Wilcox was sworn into her NLRB position in August 2021 and was re-confirmed for a second term in September 2023 by the Senate. She was also the first Black woman to serve on the board. The National Labor Relations Act of 1935 stipulates that a president can only remove NLRB board members for “neglect of duty or malfeasance in office,” provided the member is given appropriate notice and a hearing process. Wilcox alleges that she did not receive any notice or a chance to contest her removal, as the communication stated only that her removal aligned with Trump’s executive objectives.
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