A federal court determined that Donald Trump’s sudden termination of a former senior official at the nation’s leading labor agency was unlawful, mandating her reinstatement.
Gwynne Wilcox became the first member of the National Labor Relations Board to be dismissed by a sitting US president since the board was established in 1935.
Judge Beryl A Howell, in her ruling, emphasized that the founders of the US Constitution intended for no individual, including the President, to hold absolute power, stating this principle was fundamental to the country’s governance.
Howell oversaw a summary judgment hearing in the District of Columbia, where she remarked, “The President lacks the authority to remove members of the National Labor Relations Board at will, and his effort to terminate the plaintiff from her position on the Board constituted a clear breach of the law.”
“A president who presents himself as a ‘king’ or ‘dictator,’ possibly as part of his vision for strong leadership, fundamentally misunderstands his role under Article II of the US Constitution,” Howell noted.
Article II details the executive powers and responsibilities of the president. Howell further elaborated that in the nation’s constitutional framework, the president is meant to act as a diligent guardian of the law, tasked with fulfilling his defined duties, which include upholding laws passed by Congress and interpreted by the judiciary.
Wilcox initiated the lawsuit last month, claiming that her dismissal represented a “blatant violation” of the National Labor Relations Act, which states that board members can only be ousted for negligence or misconduct. Following her removal, the board was left with only two members, failing to meet the quorum of at least three required to make decisions on cases.
“I’m eager to return to my duties,” Wilcox stated after the hearing during her remarks outside the courthouse. “This isn’t only about me; I’m proud to represent this struggle.”
Her lawyer, Deepak Gupta, highlighted that this marks the beginning of a lengthy legal battle.
Wilcox was confirmed by the Senate in September 2023 and was appointed to serve until August 2028. She sought a declaratory judgment to deem her removal unlawful and an injunction allowing her to fulfill her appointed term.
The White House defended her removal as well as the termination of the NLRB general counsel, asserting that “these were extreme left appointees with radical stances against established labor law, who should not hold senior positions in the Trump administration.”
During the hearing, Howell noted that the Trump administration argued in court that the law preventing the dismissal of board members was unconstitutional. Similar claims have emerged in ongoing lawsuits against the NLRB by companies like SpaceX, Amazon, and others in reaction to enforcement actions concerning labor laws.
Howell referenced the Supreme Court’s ruling in Humphrey’s Executor, a 1935 case, where the court decided that a Federal Trade Commission commissioner had been unlawfully dismissed by Franklin D. Roosevelt.
Former chairs of the NLRB and labor leaders criticized Wilcox’s termination, asserting it contradicted the precedent established by the Supreme Court, jeopardized the NLRB’s autonomy, and effectively stalled the enforcement of federal labor laws in the US.
The AFL-CIO, the largest labor union federation in the US, organized a rally in support of Wilcox outside the courthouse during the hearing on Wednesday.
“One week after taking office, President Trump effectively dismantled the National Labor Relations Board (NLRB) and endangered its independence by unlawfully firing Wilcox, the first Black woman to serve on the Board,” stated the AFL-CIO.
