Former NLRB board member sues Trump over firing
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An ex-member of the National Labor Relations Board (NLRB), whom President Trump fired last month, filed a lawsuit Wednesday challenging her dismissal and asking a federal court to reinstate her to the board.
Why it matters: The lawsuit could make its way to the Supreme Court. If it does, it could serve as a test case in a bigger fight over agency independence, with implications for not only the labor board but also the Federal Reserve, SEC and other federal bodies.
- The suit, filed by Gwynne Wilcox, comes as the agency is without the quorum it needs to fulfill its role enforcing the nation's labor laws — and protecting workers' rights.
- Wilcox said she was contemplating this lawsuit almost immediately after she was fired last week.
- The White House did not immediately respond Wednesday to Axios' request for comment on Wilcox's suit. The NLRB declined comment.
Driving the news: The lawsuit alleges Trump's firing is "unprecedented and illegal," and marks the first time in the 90-year history of the labor board that a president has removed a member.
- Under the federal law, board members are Senate approved to set terms. They can only be removed due to "neglect of duty or malfeasance."
- The lawsuit states Wilcox got an email from the administration firing her, which acknowledged this was not the case for her.
- However, the email said that limitation "is inconsistent with the vesting of the executive Power in the President."
Between the lines: Administrative law experts say Wilcox's firing "is clearly illegal under current law," Bloomberg reports — unless the Supreme Court overturns a nearly century-old precedent.
- That could wind up fast-tracking the case.
Zoom in: Wilcox was the only Black woman to ever serve at the labor board.
- She was confirmed to a five-year term by the Senate, set to expire in August 2028.
- Briefly, toward the end of the Biden administration she was appointed to chair the board — but once Trump took office he replaced her with Marvin Kaplan, as expected. Kaplan and Trump are named as defendants in the suit.
- Typically, in such a case, a former chair would continue to serve as a board member.
The big picture: Wilcox's firing is part of a broader purge of the independent federal agencies that enforce and safeguard workers' civil rights.
- A similar situation unfolded late last month at the Equal Employment Opportunity Commission.
Go deeper... Scoop: Sanders probing Trump's purge of labor officials
Editor's note: This story was updated with additional context.
