


A labor official recently ousted by President Donald Trump filed a lawsuit in federal court Tuesday arguing that her firing was illegal and asking that a judge reinstate her.
Trump broke with precedent by removing Gwynne Wilcox, a Democrat, from her seat on the five-member National Labor Relations Board on Jan. 27. Board members serve five-year terms, and Wilcox’s was supposed to run through August 2028.
The firing was one of a slew of brazen moves by Trump attacking the independence of agencies like the NLRB, which enforces collective-bargaining law and referees disputes between unions and employers.
Wilcox says in her lawsuit that Trump violated both the National Labor Relations Act and U.S. Supreme Court precedent by kicking her out in the middle of her term.
“When Congress established the National Labor Relations Board almost 90 years ago, it made sure that the law would protect its independence from political influence,” Wilcox said in a statement. “My removal, without cause or process, directly violates that law.”
The law clearly states that the president can remove board members only for “neglect of duty or malfeasance” ― neither of which has Wilcox been accused of ― and after giving “notice and hearing.”
A 90-year-old Supreme Court decision also limits the president’s power to fire officials from independent, quasi-judicial bodies such as the labor board.
Wilcox was an appointee of former President Joe Biden and the first Black woman to serve on the board.
Two of the NLRB’s five seats were already vacant, so Wilcox’s firing has left the board with just two members, one Republican and one Democrat. That means it lacks a quorum and won’t be able to issue decisions, leaving it unable to carry out its mission.
Wilcox wasn’t the only Democratic official removed from an independent agency midterm. On Jan. 27, Trump also booted two commissioners, Jocelyn Samuels and Charlotte A. Burrows, from the Equal Employment Opportunity Commission, which enforces workplace discrimination law.
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Both Samuels and Burrows argued their firings were illegal and said they would be evaluating their legal options as well.