On January 27, 2025, President Trump removed National Labor Relations Board (NLRB) general counsel, Jennifer Abruzzo, and Democratic board member, Gwynne Wilcox.
The NLRB is an independent federal agency responsible for protecting employees’ rights to organize, form, or join unions, and to choose union representation through elections. It also investigates and addresses unfair labor practices by both employers and unions in the private sector, ensuring fair treatment in labor relations. The general counsel of the NLRB directs the investigation and prosecution of unfair labor practices, oversees legal actions, and ensures the enforcement of labor laws.
Abruzzo’s removal was expected after former President Biden removed her Trump-appointed predecessor. During her term, Abruzzo was a strong advocate for worker protections, pushing policies that made it easier for workers to organize.
One week after President Trump removed Abruzzo, he named William B. Cowen as acting general counsel of the NLRB. Cowen has served as the Regional Director for the NLRB’s Los Angeles Office since 2016. In a statement released by the NLRB announcing Cowen’s appointment as acting general counsel, it was not indicated who President Trump will formally appoint to fill the role of general counsel. The appointment must be confirmed by the United States Senate.
The removal of Wilcox, the first Black woman to serve on the NLRB, has left the five-member board with at most two members, depriving the Board of a quorum. This means the Board cannot make decisions on cases, although it can continue to process them. Furthermore, the general counsel’s office can continue operations through the agency’s regional offices.
Wilcox expressed her disappointment about her removal, stating that she will pursue “all legal avenues to challenge my removal, which violates long-standing Supreme Court precedent.” Wilcox’s removal is the first time a president has terminated a member of the Board. Wilcox’s challenge will determine whether statutory tenure protections constitute an unconstitutional infringement on the president’s power.
On Wednesday, February 5, 2025, Wilcox filed a single count Complaint against President Trump alleging a violation of the NLRA. The suit alleges that Wilcox had a clear legal entitlement to retain her position as a member of the NLRB because the NLRA states that “a member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.” Upon her termination, Wilcox did not get a hearing, nor did her termination letter outline any conduct to support a claim that she neglected her duty or committed malfeasance.
The removal of Wilcox and Abruzzo signals the current administration’s preference for employer friendly policies. Assuming the president manages to confirm a new Board member through the Senate’s confirmation process, the Board will likely revisit previous precedents established by the Biden administration, such as joint-employer status, worker classification standards, and the use of confidentiality, non-disparagement, and non-compete agreements.
As always, Lockaby PLLC will continue to monitor the situation, and we will keep our readers updated.
