A federal court judge reinstated a fired member of the National Labor Relations Board on March 6. Gwynne Wilcox, who was endorsed by the IBEW, challenged her Jan. 28 dismissal by the Trump administration. The judge agreed her removal was unlawful.
“The President does not have the authority to terminate members of the National Labor Relations Board. His attempt to fire the plaintiff from the Board was a blatant violation of the law,” wrote judge Beryl Howell.
“She has played an active role in ensuring that workers can negotiate wages, benefits, and working conditions through their chosen representatives. She has strengthened the voice of workers in the workplace,” IBEW President Kenneth W. Cooper said in a letter to senators. The
IBEW supported Wilcox’s confirmation for a five year term by the Senate in 2023. She was the first member of the NLRB to be removed by a U.S. president since the board was formed in 1935. Wilcox argued that under the National Labor Relations Act, board members can only be removed for negligence or misconduct. Without her vote, the board would have been crippled because it lacked a quorum.
The National Labor Relations Board is an independent federal agency that safeguards employees’ rights to organize and determine whether a union would be their bargaining representative.
AFL-CIO president Liz Shuler said the court sent an important message that a president cannot undermine an independent agency by removing a member of the board simply because he disagrees with her.
“Working people around the country count on equal justice and fair decision-making from an independent NLRB—and today, because of Wilcox’s commitment to the mission of the NLRB and her refusal to stand by as Trump illegally removed her from the board, the NLRB can get back to work,” Shuler said.
Photo caption: The National Labor Relations Act of 1935.
