Posts tagged Gwynne Wilcox
Official Fired By Trump Returns To Work To Cheers After Judge Orders Reinstatement
March 11, 2025 // Wilcox filed a lawsuit seeking reinstatement, arguing her removal was unlawful. Judge Beryl A. Howell agreed with Wilcox, issuing an order last Thursday ensuring her temporary return to the agency as the underlying case moves forward. In a stinging opinion, Howell wrote that Trump failed to grasp the Constitution’s limits on executive power.
National Labor Relations Board Back to Quorum Strength as Member Wilcox Is Reinstated
March 11, 2025 // The statutory limitations swayed the judge, as did the Supreme Court’s 1935 decision in Humphrey’s Executor, where the Court upheld similar limits on the president’s ability to fire a Federal Trade Commission Official. In sum, Judge Howell ordered Wilcox’s reinstatement, giving the Board the quorum it lacked. This decision has implications for the President’s recent Executive Order seeking to vest all lawmaking power of Independent Administrative Agencies like the NLRB in the President’s office. Given the stakes here, the court’s decision is certainly not the final word, as President Trump’s team is expected to appeal, perhaps all the way to the Supreme Court, where they will argue that Humphrey’s Executor is distinguishable and that Board members do exercise executive authority and should therefore be in line with Presidential policies.
Judge Reinstates Labor Board Member Fired by Trump
March 7, 2025 // Judge Howell made a joke about the case’s possible trajectory, saying that she understood that “this court is merely a speed bump for you all to get to the Supreme Court.”
Teamsters’ President O’Brien Shares ‘Inside Baseball’ Into NLRB and PRO Act Machinations in Washington “The PRO Act was going to be used as a political pawn.”
March 6, 2025 // When Williamson goes after Trump for “destroying” the National Labor Relations Board (NLRB) by firing Gwynne Wilcox, O’Brien explains the “inside baseball” being played inside Washington, explaining to Williamson how the “PRO Act was going to be used as a political pawn” (by Democrats). O’Brien then explains how the Teamsters are working with Democrats and Republicans to enact a “version” of the PRO Act and how his union avoids using the NLRB.
Starbucks Employee’s Constitutional Challenge to Labor Board Structure Fully Briefed at DC Circuit Court of Appeals
February 25, 2025 // On April 28, 2023, Cortes submitted a petition, supported by a majority of her colleagues, asking the NLRB to hold a decertification election at her Buffalo-area “Del-Chip” Starbucks store to remove Starbucks Workers United (SBWU) union officials’ bargaining powers over workers. However, NLRB Region 3 rejected Cortes’ petition, citing unfair labor practice accusations made by SBWU union officials against the Starbucks Corporation. Notably, there was no established link between these allegations and the employees’ decertification request. Similarly, Karam filed a decertification petition seeking a vote to remove the union at his Buffalo-area Starbucks store. Like Cortes’ petition, NLRB officials refuse to allow the vote to take place, citing claims made by SBWU officials. As a result the workers remain trapped under union “representation” they oppose.
With federal student labor rights in limbo, Brown’s unions push for state-level protections
February 10, 2025 // Under President Trump, the National Labor Relations Board may overrule its landmark 2016 decision extending unionization rights to student workers.
Trump fires EEOC and labor board officials, setting up legal fight
January 29, 2025 // Due to existing vacancies, Wilcox's ouster leaves the board with just two members, short of the quorum it needs to adjudicate even routine cases. (The board, when fully staffed, has five members.) With this move, Trump has effectively shut down the NLRB's operations, leaving the workers it defends on their own, AFL-CIO president Liz Shuler said in a statement.
Trump fires US labor board member, hobbling agency amid legal battles
January 28, 2025 // As a board member, Wilcox voted to bar employers from holding mandatory anti-union meetings, to create a new path for unions to represent workers outside of the decades-old election process, and to make it easier to require companies to bargain with contract and franchise workers. Abruzzo in a statement said the board's efforts to empower workers in recent years would have a lasting impact. "So, if the Agency does not fully effectuate its congressional mandate in the future as we did during my tenure, I expect that workers with assistance from their advocates will take matters into their own hands," she said.
Schumer moves to lock in place Democrat-majority labor board
December 11, 2024 // Senate Democratic leader Chuck Schumer is attempting to ensure that the Democrats retain control of the National Labor Relations Board, the main federal labor law enforcement agency, until at least 2026 by extending the term of its current chairwoman, Lauren McFerran. A Senate floor vote on McFerran’s nomination is pending and, while it is possible that Senate Republicans could block it, it is not clear if enough will show up for the vote to do that. The vote may happen on Wednesday. This matters because the current board has been an aggressive advocate for unionization.
The NLRB’s Orwellian ‘Fair Choice – Employee Final Voice Rule’
July 31, 2024 // McFerran’s term expires at the end of the year. The Biden administration has renominated her, and Senate Democrats on the Health, Education Labor and Pensions committee are attempting to fast-track her approval. Extending her term would ensure Democrats retain a functioning majority on the quasi-independent board until at least 2026, and possibly until 2028, even if likely presidential nominee Kamala Harris should lose in the fall. As much as unions and their allies talk about giving workers a voice, they usually oppose workers having the right to hold their unions to account.