President Donald Trump fired two key officials at the National Labor Relations Board (NLRB) on January 28, 2025, a move that has effectively paralyzed the federal agency responsible for protecting workers’ rights and has triggered potential constitutional challenges.
Trump dismissed Jennifer Abruzzo, the NLRB’s general counsel who served as the agency’s chief prosecutor, and Gwynne Wilcox, a Democratic board member. Wilcox, who made history as the NLRB’s first Black woman board member, was appointed during the Biden administration. The dismissals have left the board with just two members – one Democrat and one Republican – which falls short of the three-member quorum required to issue decisions.
Wilcox, whose term was scheduled to continue until 2028, described her removal as “unprecedented and illegal” and announced plans to challenge the action through legal channels. Under established national labor law, board members can only be terminated for neglect of duty or malfeasance.
The board’s depleted membership creates an unprecedented situation in labor law enforcement. With only two members remaining – David Prouty, a Democrat, and Marvin Kaplan, a Republican – the NLRB lacks the statutory minimum of three members to issue decisions, leaving hundreds of cases in limbo. Established in 1935 as part of the National Labor Relations Act, the agency has never faced such a significant leadership vacuum.
During her tenure as general counsel, Abruzzo implemented several significant pro-union policies, including creating new pathways for union representation and banning mandatory meetings to discourage unionization. Her aggressive enforcement approach included pursuing action against employer non-competition and non-solicitation agreements. Under her leadership, the NLRB has become a powerful ally to workers and unions over the past four years.
National Education Association President Becky Pringle condemned the firings as a “gross abuse of power” and stated that Trump’s decision to remove experienced and dedicated NLRB personnel “will silence the voices of workers who rely on the board to protect their rights, secure fair treatment, and advocate for just conditions in their workplaces.”
The dismissals occur amid significant legal challenges regarding presidential authority over federal agencies. Multiple companies have filed lawsuits challenging the NLRB’s structure, arguing that since board members create new policies, they should be directly accountable to the president. The Supreme Court’s conservative majority has demonstrated a willingness to reverse legal precedent and limit federal agency powers.
The current paralysis affects hundreds of pending cases, including critical decisions about union elections, workplace disputes, and allegations of unfair labor practices. Legal experts note that the board’s inability to function impacts large-scale labor disputes and routine cases that typically maintain workplace stability.
Labor unions across the country have expressed concern about the board’s paralysis. The AFL-CIO, representing 61 national and international unions, stated the firings would severely impact ongoing organizing efforts and contract negotiations. The situation mainly affects workers in industries experiencing increased unionization efforts, such as retail and food service, where labor disputes often require NLRB intervention.
The White House defended its actions by claiming the NLRB had failed to fulfill its responsibilities to the American people. However, legal scholars point out that this marks a significant departure from historical precedent, as presidents have traditionally allowed NLRB members to serve their terms to maintain the agency’s independence and stability.
A new Trump-appointed General Counsel is expected to rescind many of Abruzzo’s pro-union directives, including her initiatives on worker classification and joint employer standards. While a future Trump-appointee majority NLRB is anticipated to abandon numerous Biden-era decisions, the board remains powerless to act until it achieves a quorum by filling at least one vacant position. Legal experts estimate that the confirmation process for new board members could take several months, possibly leaving the agency dormant during this period.