NLRB In Limbo Following the Unprecedented Removal of Member Gwynne Wilcox

He cited her record of decisions that allegedly favored labor unions over employers. The move, unprecedented in the agency's history, sparked a series of legal challenges and raised fundamental questions about presidential authority and the independence of federal agencies like the NLRB. It means that the NLRB currently has only two members, instead of the three-member “quorum” required by the Supreme Court’s 2010 decision in New Process Steel v. NLRB, 560 U.S. 674 (2010). Nevertheless, the NLRB continues to function in many areas even in the absence of a three-member “quorum.”

Wilcox Challenges Her Dismissal
Wilcox filed a lawsuit challenging her removal. She argued that her dismissal violated Section 3(a) of the National Labor Relations Act (NLRA), which permits removal of NLRB members only for "neglect of duty or malfeasance in office" and requires a notice and hearing.

In March 2025, U.S. District Judge Beryl Howell issued a decision finding that President Trump's action was "blatantly illegal," emphasizing that the president's authority does not extend to removing independent agency officials without cause. Judge Howell ordered Wilcox reinstated to her position at the NLRB.

The Supreme Court's Intervention
The legal battle escalated when the Trump administration appealed the decision, bringing the case before the U.S. Supreme Court. On April 9, 2025, the Supreme Court issued an emergency ruling allowing Wilcox’s dismissal to stand. The Court’s majority noted that:

“Because the Constitution vests the executive power in the President, see Art. II, §1, cl. 1, he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents.”

The Court did not rule on the merits of Wilcox’s lawsuit. The Court also rejected Wilcox’s argument that the President’s authority to remove NLRB members without “cause” could be applied to members of the Federal Reserve, including Chair Jerome Powell. 

Wilcox’s lawsuit now returns to a federal appeals court before it can return to the Supreme Court. Thus, it will likely be more than one year before the Supreme Court finally resolves the issue of whether the President’s removal of Wilcox was lawful.

Implications for the NLRB
Wilcox’s removal reduces the NLRB to just two members, which is one short of the three-member quorum. During the loss of quorum, there are several operations of the NLRB that remain unchanged, including: