Posts tagged neglect of duty
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.
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.