Trump Administration Advances Unlawful National Labor Relations Board Termination

Legislative and Political
Issue 1, 2025

In the last few months, the Trump Administration terminated thousands of federal employees and federal contracts – effectively shuttering many agencies. All reports indicate that they intend to continue down this path. Among the agencies thrown into chaos is the National Labor Relations Board (NLRB).

Shortly after taking office, President Trump fired NLRB General Counsel Jennifer Abruzzo. Abruzzo was among the staunchest defenders of unions to ever hold her position. Presidents routinely terminate General Counsels before their terms end upon taking office. However, the White House went a step further, and in an unprecedent act terminated Board Member Gwynne Wilcox.

The National Labor Relations Act provides that Board members can be terminated only for “malfeasance” or “neglect of duty,” and that they must get written notice before any termination. There was no evidence that Member Wilcox had engaged in malfeasance or neglect of duty. 

In response, Member Wilcox filed suit alleging that her termination was unlawful. She was successful at first, and was reinstated, but she has subsequently been removed and then reinstated multiple times following additional court orders. On April 9, Chief Justice John Roberts issued an order resulting again in Wilcox’s removal from the Board pending a full resolution of the litigation—which is where things stand as of this writing.   

The full Supreme Court, where the majority of judges have not been favorable to workers, is likely to issue a full decision on Wilcox’s case in the coming weeks. In the meantime, President Trump’s decision to strip the NLRB of its quorum – and cut the funding for the regional offices – is a direct move to damage the ability for workers to protect their rights and demand representation at their jobsite.