by Robert S. Teachout, SHRM-SCP, Legal Editor at Brightmine
A federal district judge has reinstated Gwynne Wilcox as a member of the National Labor Relations Board (NLRB), allowing the Board to resume operations and issue decisions.
President Trump fired Wilcox in January, saying that he had lost confidence in her ability to lead the Board. Wilcox’s removal left only two members on the NLRB, which under the National Labor Relations Act (NLRA) requires at least three members to form a quorum.
Wilcox challenged her filing on the grounds that the NLRA allows a President to remove a member before the end of their five-year term only “upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.
The US District Court for the District of Columbia agreed, ruling that the president does not have the authority to remove a sitting NLRB member without cause.
“The President does not have the authority to terminate members of the National Labor Relations Board at will, and his attempt to fire plaintiff from her position on the Board was a blatant violation of the law,” the court wrote.
The court’s order instructed the Board’s current chair, Marvin Kaplan, to restore Wilcox to the Board to serve out the remainder of her term and not interfere with her ability to access the Board’s systems. With Wilcox’s return and restoration of a quorum, the NLRB can resume issuing decisions on pending appeals and address requests for review.
The Trump administration promptly notified the district court of its intention to appeal the decision and seek an immediate stay.
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About the author
Robert S. Teachout, SHRM – SCP
Legal Editor, Brightmine
Robert Teachout has more than 30 years’ experience in legal publishing covering employment laws on the state and federal level. At Brightmine, he covers labor relations, performance appraisals and promotions, succession and workforce planning, HR professional development and employment contracts. He often writes on the intersection of compliance with HR strategy and practice.
Before joining Brightmine, Robert was a senior HR editor at Thompson Information Services, covering FMLA, ADA, EEO issues and federal and state leave laws. Prior to that he was the primary editor of Bloomberg BNA’s State Labor Laws binders and was the principal writer and editor of the State Wage Assignment and Garnishment Handbook. Robert also served as a union unit leader and shop steward in the Washington-Baltimore Newspaper Guild of the Communications Workers of America. Actively involved in the HR profession, Robert is a member of SHRM at both the national and local levels, and gives back to the profession by serving as the communications vice president on the board of his local chapter.
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