By Nicole Elgin and Lex Shvartsmann
Barran Liebman,
3/13/25 — On March 6, 2025, Judge Beryl A. Howell of the D.C. District Court issued an opinion that President Trump’s termination of National Labor Relations Board (NLRB) Member Gwynne Wilcox was unlawful. The decision reinstates Wilcox to the Board and restores quorum. The opinion requires that NLRB Chairman, Marvin Kaplan, and his subordinates permit Member Wilcox to continue to carry out her duties “as a rightful, presidentially-appointed, Senate-confirmed member of the Board.”
Our prior alert outlined Wilcox’s removal as well as several other changes at the NLRB this year.
Impact on Employers
In the time between Member Wilcox’s termination and reinstatement, the NLRB had only two members. Accordingly, the Board did not have a quorum and was unable to make decisions. With Member Wilcox’s ordered reinstatement, the Board can now resume its normal operations. Two seats on the Board remain vacant and await appointment by President Trump.
Looking Forward
The Trump Administration has already filed an appeal of the D.C. District Court decision. That means that there are two potential opportunities for either a federal appeals court or the U.S. Supreme Court to reverse this decision.
Barran Liebman attorney Nicole Elgin will be covering several recent changes from the National Labor Relations Board and what they mean for unionized and non-unionized employers alike at our upcoming Barran Liebman webinar on April 8, 2025.
For questions on this alert or labor relations, contact Barran Liebman attorney Nicole Elgin at [email protected] or (503) 276-2109.
Disclaimer: Articles featured on Oregon Report are the creation, responsibility and opinion of the authoring individual or organization which is featured at the top of every article.