In an unprecedented move that has sent shockwaves through the labor law community, President Donald Trump fired National Labor Relations Board (NLRB) Member Gwynne Wilcox and General Counsel Jennifer Abruzzo on January 27, marking a dramatic shift in the agency’s leadership.
The dismissals have effectively paralyzed the NLRB’s decision-making capabilities, as the Board now lacks the necessary quorum to issue decisions. Wilcox, who was appointed as the NLRB’s first Black woman board member, was removed just six weeks after becoming chair.
SMART General President Michael Coleman strongly condemned the dismissals, stating, “From day one, General Counsel Jennifer Abruzzo made it her mission at the National Labor Relations Board to fight for working Americans.” Coleman emphasized that Abruzzo had been “a true friend of the American worker.”
The removals came via email late Monday night, with the termination of Wilcox representing a particularly controversial action.
“In the past, SMART members and organizing workers in this country could only hope for an impartial figure in the NLRB’s general counsel position. With Abruzzo, the American working class had a champion,” Coleman said.
Coleman added that “the firing of NLRB member Gwynne Wilcox is something else entirely — an unprecedented move that makes it impossible for the NLRB to perform its core duties, leaving American workers in limbo.”
Legal experts suggest these dismissals could face challenges. Under national labor law, board members can typically only be fired for neglect of duty, raising questions about the legality of Wilcox’s removal. The Board currently operates with just two remaining members: one Republican and one Democrat, while it requires a minimum of three members to make any decisions.
In her final statement as General Counsel, Abruzzo defended her tenure and issued a pointed message about the agency’s future.
“It’s been the greatest honor and privilege to be General Counsel of the National Labor Relations Board and to work alongside such talented and dedicated federal employees,” she said. “We have accomplished so much through our robust education, protection, and enforcement efforts, including empowering workers to collectively seek improved wages, benefits and working conditions from their employers. There’s no putting that genie back in the bottle.”
Some business groups have viewed the shake-up as a move toward “restoring balance” to the NLRB, while Congressional Democrats have criticized the removals as illegal. The controversial move has broader implications beyond the NLRB itself, as it was part of a larger administrative action that included the removal of other Democratic officials at federal agencies.
Deputy General Counsel Jessica Rutter has assumed the role of Acting General Counsel in the wake of these changes, though questions remain about how the agency will function with its reduced capacity.
The immediate impact of these dismissals means the NLRB cannot issue decisions on pending cases, including those involving alleged violations of labor law and workers’ rights.