January 30, 2025

Trump Fires NLRB Chair and General Counsel, Raising Legal Questions 

President Donald Trump has fired Acting National Labor Relations Board (NLRB) Chair Gwynne Wilcox and NLRB General Counsel Jennifer Abruzzo. The move, first reported by Axios, signals a broad effort by the Trump administration to reshape the federal agency responsible for overseeing labor disputes and unionization efforts. 

Legal and Political Implications 

The firings raise immediate legal questions, particularly in Wilcox’s case. Under the National Labor Relations Act (NLRA), board members can only be removed for “neglect of duty or malfeasance.” Wilcox, a Democrat and strong labor advocate, had only recently been appointed as acting chair, at the conclusion of President Joe Biden’s term. While it was expected that Trump would replace Wilcox as chair, her outright removal from the board has sparked debate over whether the president has the authority to dismiss an NLRB member without cause. 

Jennifer Abruzzo’s termination, while politically consequential, is less legally ambiguous. Unlike board members, the NLRB’s General Counsel serves at the pleasure of the president, making Abruzzo’s removal lawful but significant given her role as an aggressive enforcer of pro-labor policies.

NLRB in Limbo 

The firings leave the NLRB effectively paralyzed, with only two remaining members—one Democrat and one Republican—preventing the agency from issuing decisions until new members are appointed. Historically, a functioning board requires at least three members to issue rulings. Trump will now have the opportunity to quickly reshape the agency by nominating new board members and a new general counsel aligned with his administration’s labor policies. 

Potential Legal Challenge 

Wilcox has signaled that she may challenge her dismissal, as her term was scheduled to end in August 2028. Legal experts anticipate that any challenge could hinge on whether Trump’s justification—an assertion that the NLRB has failed to meet its responsibilities—meets the statutory requirement of “neglect of duty or malfeasance.” 

Looking Ahead 

For employers, the immediate impact of the firings is uncertainty. With the NLRB unable to issue decisions until new appointments are confirmed, pending cases and policy shifts championed under the Biden administration may be stalled indefinitely. If Trump successfully installs a Republican majority, the board is expected to roll back many of the pro-labor initiatives advanced in recent years, including policies on joint employer liability, union election procedures, and worker misclassification.