Court Orders Reinstatement of NRLB Board Member Illegally Dismissed by President Trump

U.S. District Judge Beryl Howell Orders President Trump to Reinstate NLRB Board Member Gwynne Wilcox 

 LANSING – Today, Judge Beryl Howell of the U.S. District Court for the District of Columbia ordered President Trump and National Labor Relations Board (NLRB) Chairman Marvin Kaplan to reinstate Gwynne Wilcox to the Board. Last week, Michigan Attorney General Dana Nessel joined a coalition of attorneys general in filing an amicus brief in support of Wilcox’ lawsuit, arguing that a functioning NLRB is necessary for the enforcement of labor laws across the United States and urging the court to order the defendants to allow Wilcox to continue performing her responsibilities as an NLRB member. Wilcox was appointed to the NLRB by President Biden and confirmed to the board by the U.S. Senate, for a 5-year term to expire in 2028.  

In her opinion, Judge Howard wrote that President Trump “seems intent on pushing the bounds of his office and exercising his power in a manner violative of clear statutory law to test how much the courts will accept the notion of a presidency that is supreme," She later wrote, "in the ninety years since the NLRB’s founding, the President has never removed a member of the Board," and that the President’s "attempt to do so here is blatantly illegal, and his constitutional arguments to excuse this illegal act are contrary to Supreme Court precedent and over a century of practice." 

 “Through 15 administrations, the National Labor Relations Board has been an integral part of protecting workers and their rights,” said Nessel. “By illegally removing Ms. Wilcox from the board, President Trump unilaterally stalled this work, essentially removing protections for the tens of millions of workers throughout America. I appreciate Judge Howell’s swift opinion on this matter, and stern words for a White House acting with an increasing disregard for the law, and will continue to challenge this administration when their actions violate federal or state laws and harm Michigan residents.” 

On January 27, 2025, President Trump purported to dismiss Wilcox from the NLRB during the middle of her five-year appointment, contrary to the terms of the National Labor Relations Act (NLRA), leaving just two members remaining on the five-member Board. As the NLRB cannot act without a quorum of at least three members, it has been incapacitated by Wilcox’s purported dismissal. 

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