Sean P. Redmond Sean P. Redmond
Vice President, Labor Policy, U.S. Chamber of Commerce

Published

January 28, 2025

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In a move that surprised more or less no observers of labor policy, President Donald Trump fired the General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, who issued a statement in response to her removal. With her departure, Deputy General Counsel Jessica Rutter is now Acting General Counsel.

What came as more of a surprise is that President Trump also dismissed NLRB Member Gwynne Wilcox, one of the two remaining Democrats on the Board, who was appointed by former President Joe Biden in 2023 for a term set to expire in 2028. 

Following the departure of past Chair Lauren McFerran last month, Biden appointed Wilcox as Acting Chair, but upon taking office President Trump promptly replaced her in that role with Board’s the lone Republican, Marvin Kaplan. With Wilcox gone, the NLRB now has two members: Kaplan and Democrat David Prouty. That situation prevents the agency from deciding cases, as at least three members are required to do so.

The removal of the NLRB’s General Counsel came to be a controversial issue back in 2021 because the position is slated by law to be a five-year term. However, President Biden put that concept to the test when he fired the incumbent at that time, Peter Robb, on Biden's first day—first half-hour, actually—in office, despite the fact Robb’s term was not due to end until later in the year. 

The firing of Robb triggered a legal challenge in federal court, but ultimately the president’s authority to dismiss Robb was upheld, notwithstanding the term of his appointment. Consequently, future presidents, including President Trump, will presumably be free henceforth to unseat the NLRB’s General Counsel, who acts not only as the agency’s chief attorney, but also the individual who sets much of the Board’s agenda through the case law he or she tees up.

In contrast to the General Counsel, the National Labor Relations Act (NLRA) stipulates that “[a]ny member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.” Thus, Wilcox’s firing could prompt a similar legal challenge.  However, given the Supreme Court’s stance that the President has ultimate authority over the executive branch, the result of any such challenge is anyone’s guess.

In the meantime, the NLRB will have to wait for additional members to be nominated and confirmed before it can do much of anything.

About the authors

Sean P. Redmond

Sean P. Redmond

Sean P. Redmond is Vice President, Labor Policy at the U.S. Chamber of Commerce.

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