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Trump Fires NLRB General Counsel and Board Member Wilcox

Late Monday, President Trump fired National Labor Relations Board General Counsel, Jennifer Abruzzo, in a highly anticipated move. At the outset of President Biden’s term in early 2021, Biden fired Trump appointee Peter Robb, and federal courts subsequently affirmed the firing as appropriate. The Board’s deputy general counsel, Jessica Rutter, has temporarily assumed the role of acting general counsel while Trump seeks out a new General Counsel.

Trump also fired Board Member Gwynne Wilcox, whose term does not expire until August 2028. If that firing stands (which seems to run contrary to legal precedent), it would leave the Board with only two members, Chair Marvin Kaplan, a Republican, and David Prouty, a Democrat. The Board was similarly positioned with only two members in 2007 when it issued several decisions despite lacking a three-member quorum. The United States Supreme Court ruled that a two-member Board does not satisfy the Board’s quorum requirement, invalidating all decisions made by that two-member Board. We expect the Board to follow that precedent and refrain from rendering any decisions until at least a third member is appointed, which can be a lengthy process. Decision-making before the NLRB will, therefore, likely just grind to a halt.

For more information on the legality of firing Board Member Wilcox or questions about where the Board may go from here, please contact Jim HansonDon Vogel, or Jack Finklea.

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News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.

Trump Fires NLRB General Counsel and Board Member Wilcox

Late Monday, President Trump fired National Labor Relations Board General Counsel, Jennifer Abruzzo, in a highly anticipated move. At the outset of President Biden’s term in early 2021, Biden fired Trump appointee Peter Robb, and federal courts subsequently affirmed the firing as appropriate. The Board’s deputy general counsel, Jessica Rutter, has temporarily assumed the role of acting general counsel while Trump seeks out a new General Counsel.

Trump also fired Board Member Gwynne Wilcox, whose term does not expire until August 2028. If that firing stands (which seems to run contrary to legal precedent), it would leave the Board with only two members, Chair Marvin Kaplan, a Republican, and David Prouty, a Democrat. The Board was similarly positioned with only two members in 2007 when it issued several decisions despite lacking a three-member quorum. The United States Supreme Court ruled that a two-member Board does not satisfy the Board’s quorum requirement, invalidating all decisions made by that two-member Board. We expect the Board to follow that precedent and refrain from rendering any decisions until at least a third member is appointed, which can be a lengthy process. Decision-making before the NLRB will, therefore, likely just grind to a halt.

For more information on the legality of firing Board Member Wilcox or questions about where the Board may go from here, please contact Jim HansonDon Vogel, or Jack Finklea.

News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.