Former NLRB member Gwynne Wilcox is suing President Trump over her illegal removal from the board, claiming it violates the National Labor Relations Act and Supreme Court precedent. Her lawsuit alleges that the removal, without due process or evidence of misconduct, undermines the legitimacy of the board and disrupts its functioning. As the NLRB now lacks a quorum, ongoing cases are delayed, creating uncertainty in labor relations. This challenge could lead to significant implications for the agency and its ability to serve workers and employers effectively.
This extraordinary act, which was not only contrary to statute but clearly unlawful under a 90-year-old Supreme Court precedent, has serious implications for the board.
The National Labor Relations Act makes crystal clear that board members can only be removed from office for "neglect of duty or malfeasance in office, but for no other cause."
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