Federal Judge Overturns Trump’s Dismissal of Labor Board Member

March 7, 2025 TruthUSA

Gwynne Wilcox has been reinstated to the National Labor Relations Board.

A federal judge on March 6 restored the position of a federal board member, asserting that the president did not have the authority to dismiss board members.

“The President does not possess the authority to terminate members of the National Labor Relations Board at will, and his attempt to remove the plaintiff from her role on the Board was a clear violation of the law,” U.S. District Judge Beryl Howell stated in a 36-page ruling.

She directed that Gwynne Wilcox, who was dismissed, be reinstated.

There has been no comment from the White House regarding this matter.

The National Labor Relations Board is tasked with safeguarding workers who aim to unionize and curbing illegal labor practices.

Wilcox was terminated by Trump on January 27, with a White House official indicating in the termination notice that the board “is not currently fulfilling its responsibility to the American people.”

An official mentioned that the National Labor Relations Act specifies that board members can only be dismissed for neglecting their duties or for malfeasance, but “this restriction contradicts the allocation of executive power to the President and his constitutional obligation to ensure that the laws are faithfully executed, thereby not operating as a limitation on my capacity to remove Board members.”

Wilcox filed a lawsuit, referencing the law.

“The President’s dismissal of Ms. Wilcox, without even suggesting any neglect of duty or malfeasance and without providing notice or a hearing, contravenes ninety years of Supreme Court precedent that has maintained the independence of essential government agencies,” the suit claimed.

Based on the precedent set by the ruling known as Humphrey’s Executor, certain board members can only be removed for cause rather than at will.

Government attorneys asserted in their response that the Supreme Court ruling does not pertain to the National Labor Relations Board. The government has also announced plans to ask the Supreme Court to overturn that precedent.

Judge Howell stated on March 6 that the government’s position was incorrect.

“Humphrey’s Executor and its successors are binding on this court,” she remarked.

She noted that the National Labor Relations Board falls under the scope of the ruling and that the ruling has not been overturned.

It is likely that the Trump administration will appeal this decision.

In a separate case, a federal judge blocked the firing of Cathy Harris, the chair of the Merit Systems Protection Board, after determining her dismissal was unlawful. Additionally, another judge found that Trump had illegally removed the head of the Office of Special Counsel without cause, leading to an appeals court overturning a previous ruling, and the former special counsel concluded his legal battle.

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