As discussed here, President Trump’s firing of Acting National Labor Relations Board (NLRB) Chair Gwynne Wilcox and General Counsel Jennifer Abruzzo was the Administration’s first step in reshaping the agency responsible for overseeing labor disputes and unionization efforts. 

Wilcox promptly initiated a lawsuit to contest the dismissal, and a whirlwind of litigation ensued: 

• March 6: A D.C. federal court judge rules in Wilcox’s favor, finding her termination unlawful under the National Labor Relations Act and reinstating her to her position. 

• March 28: A D.C. appeals court panel of three judges reverses this decision 2-1 and allows the termination to stand pending a full appeal of the case. 

• April 7: A D.C. appeals court en banc panel reverses the March 28th decision by a 7-4 margin and orders Wilcox back to work. 

• April 10: U.S. Supreme Court Chief Justice John Roberts temporarily upholds Wilcox’s termination, reversing the April 7th en banc decision to reinstate her.  

What Does it Mean 

This move leaves the National Labor Relations Board (NLRB) without a quorum, creating uncertainty about its operations. The Supreme Court is expected to make a final ruling on the president’s authority to dismiss leaders of independent agencies with statutory removal protections. Employers should monitor developments closely, as the outcome will impact the NLRB’s functionality and future adjudicatory activities. Wilcox has until April 15th to respond to the White House’s request to expedite the case to the Supreme Court.