Gwynne Wilcox on removal from NLRB
Washington — Gwynne Wilcox, who is suing President Trump for ousting her from the National Labor Relations Board, said she was “stunned” when she received a letter from the White House late on Jan. 27 firing her.
“I handled cases where workers were fired and retaliated against for their conduct, but I never imagined that I would be the person being fired for doing my job,” Wilcox, 71, told CBS News in an interview Thursday.
First appointed to the five-person board by President Joe Biden in 2021, Wilcox was confirmed by the Senate in December to serve a second term that was supposed to last through 2028. In the letter informing her of her removal, Mr. Trump said she had not “been operating in a manner consistent with the objectives of [his] administration.”
By firing Wilcox, Mr. Trump left the board, which mediates labor disputes and protects workers rights, without enough members to function. And it’s part of a string of actions Mr. Trump has taken in the first few weeks of his term against independent agencies whose leaders generally remain in place across administrations and have some legal protections.
In response, Wilcox sued Mr. Trump on Wednesday, alleging that her firing was “unprecedented and illegal.” In the 90 years since Congress established the agency, no president has attempted to remove a member of the board, Wilcox said.
“The law is that board members cannot be removed from their position unless they’ve engaged in neglect or duty or malfeasance, Wilcox said. “And based upon the letter I received, there was no claim of that. There [wasn’t] any cause or any reason that I was actually terminated.”
Wilcox’s lawsuit, which was filed in U.S. District Court for the District of Columbia, asserts that her dismissal was a “blatant violation” of the National Labor Relations Act that protects board members from being fired by the president without cause.
“He does not have the authority to remove me based on my views,” said Wilcox, a lawyer who prior to her position at NLRB represented labor unions.
The White House did not immediately comment on the litigation. The administration has previously said Mr. Trump has the right to fire any executive branch employee that he wishes to, a claim that is also being contested in other lawsuits.
Wilcox is asking a judge to declare her removal unlawful and reinstate her as a member of the board. In the filing, she acknowledged that Mr. Trump may try to use the litigation as a “test case” for the courts, suggesting that if her firing is upheld, it could set a precedent that would expand presidential power. But, at the same time, she says if she didn’t take legal action, it would render the laws protecting the independence of agencies like hers meaningless.
“If I don’t fight, that means the president gets to do whatever he wants to do in violation of the law,” said Wilcox, who is the first black woman to serve on the board.
Wilcox said her removal, which left the labor watchdog without a necessary quorum required by law, puts workers’ rights at risk and takes away a resource to resolve labor disputes.
Recently, the board took actions to protect the rights of workers at Amazon and SpaceX. She told CBS News that she will take the case to the Supreme Court “if it’s necessary.”
“I feel very strongly about this case,” she said. “It’s bigger than me.”
Jericka Duncan is a national correspondent and anchor of the “CBS Weekend News.” She’s based in New York City.
