President Donald Trump’s removal of Gwynne Wilcox, a Biden-appointed NLRB Member (which we discussed in a prior post), has been reversed by a federal judge. On March 6, 2025, U.S. District Court Judge Beryl Howell held that the President does not have the authority to terminate NLRB Members at will, and thus President Trump’s removal of Member Wilcox violated the law. Member Wilcox’s removal had caused the NLRB to lose a quorum of three Members, meaning that since January 28, 2025, the NLRB had been without the authority to decide cases. With her status restored, that authority also has now been restored.
That said, Member Wilcox’s status as a Board member is likely far from decided. The Trump Administration is likely to appeal the decision and may request a stay. And the legal battle over presidential authority appears to be ultimately destined for the United States Supreme Court.
We expect and will track additional changes at the NLRB under the Trump Administration.