Gwynne Wilcox, the first Black woman to serve on the National Labor Relations Board (NLRB), has filed a lawsuit against former President Donald Trump following her controversial dismissal. Key points from her legal action include:

• Wilcox alleges her firing violates the National Labor Relations Act.
• Her removal leaves the NLRB without the necessary quorum to conduct business.
• The lawsuit challenges the legality of Trump's actions, claiming previous norms were disregarded.
• Wilcox seeks immediate reinstatement to the board.
• The move has drawn criticism from former legal leaders of the NLRB.

Wilcox's lawsuit, lodged in federal court in Washington, D.C., claims that her removal from the NLRB was a "blatant violation" of laws that protect board members from arbitrary dismissal. According to her complaint, the National Labor Relations Act permits the removal of NLRB members only for “neglect of duty or malfeasance in office.” Her attorneys suggest that Trump’s actions are part of a broader pattern of illegal firings intended to undermine the independence of the NLRB. Wilcox stated she was informed of her termination via a late-night email, which she describes as “unprecedented and illegal.”Source

The removal left the NLRB short of the three-member quorum required for significant labor decision-making, effectively incapacitating the agency responsible for protecting workers' rights. Wilcox was appointed during President Biden's administration with her term set to expire in 2028. Her termination not only raises concerns about the legality of such actions but also about the future efficacy of the NLRB amidst ongoing legal battles against various corporations, including high-profile firms such as Amazon and Tesla that are scrutinized for their labor practices.Source

Former NLRB chairs have condemned the termination, asserting that it undermines the rule of law established for the protection of independent agencies. Critics argue that the terminations of Wilcox and NLRB General Counsel Jennifer Abruzzo are politically motivated efforts to reshape the agency's direction and influence. "It was unprecedented to have a sitting board member terminated because of her positions," articulated Lauren McFerran, former chair of the NLRB, highlighting the implications of such actions for labor rights.Source

Wilcox's case will not only challenge her own firing but also potentially set precedents affecting the future of labor law enforcement in the U.S. The lawsuit underscores broader fears of politicization within independent regulatory institutions, a concern echoed by former leaders who have observed the erosion of norms designed to protect these bodies from political interference.