In a recent ruling, a federal judge has decided to reinstate National Labor Relations Board member Gwynne Wilcox after President Donald Trump removed her and the agency’s general counsel, Jennifer Abruzzo. The judge, Beryl Howell, stated that Trump did not have the authority to remove Wilcox from the NLRB, as board members can only be fired for neglect of duty or malfeasance in office. This decision marks the first time a president has tried to remove an NLRB member.
Wilcox’s attorneys argued that reinstating her to the board would not only be a victory for her but also a win for the independence of agencies in the U.S. The Justice Department, on the other hand, contended that NLRB members should be removable at will for democratic accountability.
Wilcox, the first Black woman to serve on the NLRB, was confirmed for a second term in 2023. The agency, established in 1935, primarily resolves disputes over unfair labor practices and has adjudicated numerous cases in the last fiscal year.
The case may potentially be appealed to the Supreme Court, where it could set a precedent on the extent of presidential power and the independence of agencies in the United States.
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