Former NLRB chair sues Trump over firing, as labor board faces corporate challenges

In a dramatic legal battle, former National Labor Relations Board (NLRB) chair Gwynne Wilcox has sued President Donald Trump, accusing him of unlawfully dismissing her and effectively bringing the agency's operations to a standstill. The lawsuit, filed in Washington, D.C., federal court, demands her reinstatement and a ruling that her removal was illegal.

Wilcox, appointed by former President Joe Biden, contends that her termination violates the nearly century-old statute that governs the NLRB, an independent agency established to enforce U.S. labor laws. No NLRB member had ever been removed by a sitting president until Trump took office for his second term.

On his first day back in office, Trump replaced Wilcox as NLRB chair, appointing another board member in her place. Just a week later, both Wilcox and the agency’s top attorney, Jennifer Abruzzo, were fired via a late-night email, according to the lawsuit. The email stated that agency heads must align with the president’s objectives—language Wilcox’s attorneys argue underscores a political motive behind her dismissal.

The consequences of Wilcox’s removal are severe. The five-member NLRB panel already had two vacant seats when she was fired, leaving only two members, Marvin Kaplan and David Prouty. The agency requires a quorum of at least three members to conduct business, meaning Wilcox’s ouster has left it unable to resolve labor disputes.

The NLRB has faced growing criticism from major corporations, including Amazon and Elon Musk’s SpaceX, which have challenged the agency’s structure in court, arguing that it is unconstitutional. These companies, which have long resisted unionization efforts, could benefit from the labor board’s current paralysis.

Musk, a vocal critic of labor unions and Trump’s largest campaign donor, now holds a special role within the administration. He leads the Department of Government Efficiency (DOGE), an initiative aimed at streamlining federal operations by reclassifying—and in some cases, firing—civil servants. In a social media post on X, Musk boasted about cutting positions at the U.S. Agency for International Development (USAID), though no records currently indicate any similar actions targeting the NLRB.

Wilcox’s lawsuit challenges not only her own firing but also the broader implications of Trump’s approach to independent agencies. Her legal team warns that if her dismissal goes unchallenged, it could set a precedent allowing future presidents to dismantle independent oversight bodies at will.

“The President’s action against Ms. Wilcox is part of a string of openly illegal firings in the early days of the second Trump administration,” her attorneys stated, arguing that such moves threaten the integrity of the National Labor Relations Act.

Wilcox, the first Black woman to serve on the NLRB, was confirmed for a second five-year term in 2023 and named chair in December 2024 by Biden. The lawsuit highlights that the National Labor Relations Act of 1935 stipulates that board members can only be removed for “neglect of duty or malfeasance in office” and only after a notice and hearing—none of which, Wilcox asserts, occurred in her case.

As the legal battle unfolds, the future of the NLRB—and the federal government’s role in regulating labor disputes—hangs in the balance. With corporate giants challenging the agency’s authority and the Trump administration moving to reshape the bureaucracy, Wilcox’s case could become a pivotal test of executive power and labor rights in the United States.