Trump fires acting Labor Board chair in legally dubious move
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President Trump fired acting chair of the National Labor Relations Board (NLRB), Democrat Gwynne Wilcox late Monday night, she told Axios. He also fired the general counsel of the labor board, Jennifer Abruzzo, a strong advocate for unionization.
The big picture: Together the dismissals signal a broad purge at the nation's labor regulator, which had been an exceptionally strong ally to workers and unions over the past four years.
- Wilcox was the NLRB's first Black woman board member.
Where it stands: Under the national labor law, board members can only be fired for neglect of duty or malfeasance. Wilcox had served as acting board chair just for a few days at the end of the Biden administration — and it had been expected she would be replaced and resume her duties as board member.
- She said she was looking into the possibility for challenging her removal.
- The White House didn't immediately respond to Axios' request for comment.
Zoom in: Wilcox said "she just got a letter from the White House," and was still processing the news. "My term ends in August 2028, I believe that I should still be able to be a board member and contribute to this country."
- The board is now left with just two members —one Democratic and one Republican — not enough to reach any decisions until Trump appoints new board members.
- Wilcox said that in the letter Trump sent Monday night, he wrote that the NLRB hasn't fulfilled its responsibilities to the American people, and he believes he has the right to remove a board member — despite the labor law that says they can only be removed for neglect.
The big picture: During his campaign, Trump portrayed himself as a fighter for workers. His nomination of Lori Chavez-DeRemer, considered a pro-labor lawmaker, as Labor Secretary was seen as a signal of a friendlier worker stance.
- But DeRemer seems to be on shaky ground; a number of Republican senators are taking issue with her pro-union stances, NBC News reported Monday.
- Trump's dismissals appear to signal that his second administration will position itself similarly to the first: with its thumb firmly on the employer side of the scale.
Flashback: Abruzzo landed in her role, after President Biden fired her predecessor Peter Robb— a Trump appointee.
- It was a controversial move — the first time a president had pushed someone out of the position, rather than waiting out their term.
- Over her tenure, Abruzzo was a strong advocate for unions, pushing for rules that were fiercely fought by employers — including the "joint employer" rule, which holds companies responsible for workers even when they're not directly their employer. Think Uber for Uber drivers or McDonald's for franchise workers.
- "There's no putting that genie back in the bottle," Abruzzo said in a statement Tuesday. If the agency can't "full effectuate its Congressional mandate," she said. Workers "will take matters into their own hands."
What they're saying: "I have never heard anyone suggest that [Wilcox] has engaged in neglect of duty or malfeasance. And she certainly hasn't been accorded notice and a hearing. So I fail to see how her discharge accords with the law," said Sharon Block, a professor at Harvard Law School who served in the Biden administration and is also a former Labor Board member.
- Wilcox and Abruzzo "have been outstanding public servants who have dedicated their lives to ensuring fair treatment for workers. I can only interpret their discharges as a signal that the NLRB will no longer prioritize that important mission."
- "Workers now have no protection for the right to be in a union."
Editor's note: This story was updated with additional context and reaction.
