AFL-CIO President Applauds Court Victory for Illegally Fired NLRB Member Gwynne Wilcox

U.S. District Court has ruled on March 6 that Trump did not have the legal authority to remove Gwynne Wilcox from the National Labor Relations Board, the independent federal agency that enforces workers’ right to organize and engage in collective bargaining. In a scathing decision, Judge Beryl Howell ruled that “an American president is not a king.”

“The President does not have the authority to terminate members of the National Labor Relations Board at will, and his attempt to fire plaintiff from her position on the Board was a blatant violation of the law,” Judge Beryl Howell wrote.

In a statement, AFL-CIO President Liz Shuler applauded the decision for upholding “the integrity and independence of the NLRB.”

“More than a month after Trump effectively shut down the NLRB by illegally firing Gwynne Wilcox, denying it the quorum it needs to hold union-busters accountable, the court ordered Wilcox immediately returned to her seat, allowing the NLRB to get back to its essential work,” said Shuler. “The court also sent an important message that a president cannot undermine an independent agency by simply removing a member of the board because he disagrees with her decisions. Working people around the country count on equal justice and fair decision-making from an independent NLRB—and today, because of Wilcox’s commitment to the mission of the NLRB and her refusal to stand by as Trump illegally removed her from the board, the NLRB can get back to work.”

The Trump administration has appealed the decision and is seeking a stay of those orders while they appeal the decisions. The appellate court will hear arguments on the merits of the government’s appeal on a date to be determined.