Quick Hits

• President Trump removed NLRB member Gwynne Wilcox and discharged NLRB general counsel Jennifer Abruzzo, marking a significant shift in the Board’s leadership.
• Wilcox’s removal leaves the NLRB without a quorum (minimum of three members) to hear cases, raising questions about the legality of the dismissal and potential court challenges.

According to media reports, President Trump removed Wilcox, a President Biden Democratic appointee to the Board, on January 27, 2025. Her term was not set to expire until August 27, 2028. Abruzzo, who commenced a four-year term as general counsel in July 2021, confirmed her discharge in a statement released by the NLRB on January 28, 2025.

President Trump’s removal of Wilcox, whom the Senate confirmed to a second five-year term in September 2023, puts the NLRB at a current standstill. The five-member Board needs at least a quorum of at least three members to decide cases.

Wilcox’s removal leaves the Board with only two sitting members: Republican appointee Marvin Kaplan, whom President Trump named the NLRB Chair on his first day in office, and Democratic appointee David Prouty, whose term is set to end in August 2026.

This is the first time a president has removed a sitting NLRB member, and the move is likely to be challenged in court. While the president’s authority to remove federal officers has been upheld by the Supreme Court of the United States, the removal of a sitting member of the NLRB, an independent federal agency, without an identified cause, is unclear.

Under the National Labor Relations Act, the president has the power to appoint NLRB members “with the advice and consent of the Senate” to five-year terms and may remove “any member … upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.”

On the other hand, President Trump’s discharge of NLRB general counsel Abruzzo, who began serving a four-year term under President Biden in July 2021, was expected. The move follows President Biden’s termination of former NLRB general counsel Peter Robb, the general counsel during President Trump’s first term in office, shortly after taking office in 2021. That discharge was upheld in the courts.

Deputy general counsel Jessica Rutter is now acting general counsel.

Next Steps

The NLRB shake-up is in line with President Trump’s policies in his first week in office, which seek to reshape the federal government and overturn many of his predecessor’s actions. Wilcox’s removal is likely to lead to a lengthy court case that could ultimately land before the Supreme Court and could have lasting effects on the NLRB’s makeup.

While we anticipate changes in federal labor policy to be forthcoming, only some changes in approach under the new administration can likely happen swiftly. For example, the incoming NLRB general counsel will likely take enforcement approaches that are more favorable to management, although the specifics of those approaches remain unclear and will likely be detailed in a forthcoming memorandum from a new general counsel.

On the other hand, without a quorum of Board members, current NLRB rules, such as the recently revised election rules, are likely to remain in effect in the short term. Additionally, without a quorum to decide new cases, recent major changes in NLRB precedent remain the law, such as the recent decisions concerning captive audience meetings and lawful management statements, as well as, the recent decision that changed aspects of the union organizing process.