An employee of the National Labor Relations Board (NLRB) is taking legal action after being fired by President Donald Trump, calling her removal illegal and unprecedented. Gwynne A. Wilcox, who was terminated via email on January 27, argues that her dismissal is a direct violation of the National Labor Relations Act. According to the Act, the President can remove NLRB members only for specific reasons, including neglect of duty or misconduct, and only after proper notice and a hearing.
Wilcox’s lawyer, Deepak Gupta, emphasized that the firing goes against 90 years of Supreme Court precedent, which has been designed to ensure the independence of government agencies such as the NLRB. The law is clear: members of the board can only be removed for the aforementioned reasons and through a formal process. Gupta stated that this unlawful termination undermines the independence of the NLRB and violates the protections that federal law guarantees to such agencies.
In her own statement, Wilcox expressed strong disapproval of the action, noting that her removal undermines the very protections that were put in place to protect agencies like the NLRB from political interference. She also pointed out that the NLRB was established almost 90 years ago to ensure that workers’ rights and labor laws are enforced independently of political pressure. Wilcox emphasized her commitment to the mission of the NLRB, hoping to return to her position to continue this important work.
The White House has not provided an official comment on the lawsuit, though an anonymous administration official told a news outlet that Wilcox and Jennifer Abruzzo, another NLRB member who was dismissed, were “far-left appointees” who had worked to upend long-standing labor laws. The official suggested that the Trump administration was fulfilling a mandate from the American people to undo policies created by previous administrations, specifically those perceived as radical or contrary to the interests of employers.
The lawsuit claims that Wilcox’s firing is part of a larger pattern of illegal dismissals that appear to challenge Congress’s authority to create independent agencies like the NLRB. The legal action taken by Wilcox seeks to have her reinstated to the board, arguing that the law’s protections for agency independence must be upheld. Wilcox’s attorney trusts that the courts will act in favor of these longstanding legal protections and ensure that the NLRB remains a truly independent body.
In response to her firing, Abruzzo, who was also terminated from her position as the NLRB’s general counsel, praised the work accomplished during her tenure. She noted that the NLRB had made significant progress in empowering workers to advocate for better wages, benefits, and working conditions. Abruzzo’s statement underscored the importance of the NLRB’s mission, suggesting that if the agency’s congressional mandate is not fully carried out in the future, workers may need to take matters into their own hands. She emphasized that workers should not be denied dignity and respect in the workplace and should continue to fight for their fair share of the value they help create for their employers.
The legal challenge against Wilcox’s firing comes amid increasing concerns over political interference in independent government agencies. Critics argue that actions like these could have far-reaching consequences, potentially weakening the enforcement of labor laws and undermining protections for workers in the United States. With the lawsuit now in the courts, the question remains whether the legal system will uphold the principles that have ensured the NLRB’s independence for nearly a century.
