NLRB restores quorum after court reinstates fired member

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.