As observers of labor policy know, on January 28, President Trump dismissed both the General Counsel of the National Labor Relations Board (NLRB) as well as Board Member Gwynne Wilcox, one of the two remaining Democrats on the Board, who was appointed by former President Joe Biden in 2023 for a term set to expire in 2028.
The General Counsel’s dismissal was legal under existing court precedent. In contrast, Wilcox’s dismissal prompted a legal challenge because the National Labor Relations Act (NLRA) stipulates that “[a]ny member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.”
Wilcox’s challenge to her firing was initially upheld in a March court decision, when a U.S. District judge issued an order reinstating Wilcox to the NLRB. However, that decision was overturned by a three-judge panel of the D.C. Circuit. Wilcox next sought an en banc review by the full D.C. Circuit. On April 7, that court reversed the panel decision and ruled that Wilcox could return to the NLRB. In line with these decisions, Wilcox’s bio disappeared from the NLRB’s website, then reappeared, then disappeared once more, only to reappear a second time.
One can expect the Trump administration to appeal the D.C. Circuit’s ruling to the Supreme Court. Given that court’s general stance that the President has ultimate authority over the executive branch, the result of any such challenge is anyone’s guess. However, if Wilcox is restored to the NLRB, that would bring the Board back up to a 2-1 Democratic majority until at least one Republican nominee can be confirmed.
In the meantime, until this case is settled once and for all, the NLRB’s makeup will remain in question and the agency’s website will be in flux.
About the authors
Sean P. Redmond
Sean P. Redmond is Vice President, Labor Policy at the U.S. Chamber of Commerce.
