On February 5, 2025 we shared here details of President Trump’s firing of NLRB Member Gwynne Wilcox, whose term was not to expire until 2028. One effect of her termination was that the NLRB would be unable to function, as the number of members of the Board was reduced to two (from the full five). At that time, we advised that this action would lead to litigation. Ms. Wilcox indeed filed an action to reverse her firing and, on March 6, 2025, the U.S. District Court in the District of Columbia held that her firing was illegal and ordered that she be reinstated, which we wrote about here. With her reinstatement, the Board again was able to function since it once more had a quorum. The Board, with Member Wilcox participating, issued several decisions.
However, on March 28, 2025, as a result of the Trump Administration’s emergency motion for an administrative stay (or pause) of the decision reinstating Member Wilcox, the Circuit Court of Appeals for the District of Columbia granted the requested stay during the pendency of the Trump Administration’s appeal. In other words, Member Wilcox is, once again, removed from her position, at least temporarily. The case will continue in the courts, albeit with Member Wilcox on the outside and with the NLRB, once again, unable to function for lack of a quorum.