NLRB Official Calls Firing by Trump Illegal

In another late-night firing, President Trump removed Gwynne Wilcox from the National Labor Relations Board—a move she called "unprecedented and illegal." Because it already had vacancies, the board now lacks a quorum and cannot issue decisions. Wilcox, a Democrat who used to be chair and was the first Black woman on the NLRB, suggested she'll seek a legal remedy, NPR reports. The Monday night firing, Wilcox said in a statement, "violates long-standing Supreme Court precedent." Jennifer Abruzzo, the NLRB's general counsel, also was fired.

The 1935 Supreme Court ruling limits the president's ability to remove officials who handle quasi-legislative or quasi-judicial functions, including NLRB board members. And the National Labor Relations Act says they can be removed "for neglect of duty or malfeasance in office, but for no other cause." Liz Shuler, president AFL-CIO, said in a statement that "these moves will make it easier for bosses to violate the law and trample on workers' legal rights on the job and fundamental freedom to organize."

Trump's letter said that he has the right of removal, Wilcox told Axios, and that the NLRB hasn't carried out its responsibilities. Companies owned by Trump allies Elon Musk and Jeff Bezos are among those that have challenged the constitutionality of the agency, given the president's limited ability to oust board members, in more than two dozen lawsuits. They opposed Abruzzo's efforts to protect workers' rights, holding employers accountable, and remove barriers to union organizing. She began her job in 2021, as did Wilcox. The general counsel opening was created when President Biden fired her predecessor, who was appointed by Trump.

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The NLRB has "accomplished so much through our robust education, protection, and enforcement efforts," Abruzzo said in a statement, per the Guardian. The firings took place hours after workers at a Whole Foods, which is owned by Bezos' Amazon, voted to unionize in Philadelphia. Trump has picked Marvin Kaplan, the board's only Republican, as its next chair; he hasn't said whether he'll fill the three vacant seats. "My term ends in August 2028, I believe that I should still be able to be a board member and contribute to this country," Wilcox told Axios. (More National Labor Relations Board stories.)