President Trump has fired two Senate-confirmed Democrats from the National Labor Relations Board: Member and former Chair Gwynne Wilcox; and the Board’s General Counsel, Jennifer Abruzzo.
Wilcox’s termination is controversial because the National Labor Relations Act states that the President may remove Board Members only for neglect of duty or malfeasance. Wilcox’s term was not scheduled to end until August 2028. She has indicated that she will challenge her removal. Without her, the Board no longer has a quorum and will not be able to issue opinions until an additional member is seated.
Abruzzo’s termination was expected because former President Biden set the precedent of firing a sitting NLRB General Counsel on his first day in office. Abruzzo’s deputy, Jessica Rutter, is serving as the Board’s Acting General Counsel. The General Counsel’s office should be able to conduct most day-to-day business without a confirmed General Counsel in place.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.