President Trump’s firing of National Labor Relations Board Senior Board Member Gwynne Wilcox, means the NLRB—the independent agency tasked with protecting the rights of working people—has been unable to rule on any cases because it no longer has a quorum.
Under Supreme Court case law dating back to 1935, NLRB members are appointed for set terms and can only be removed for malfeasance following a proper investigation.
In this case, no such investigation took place.
The case is now headed to the Supreme Court. In the meantime, Wilcox has been reinstated by the US Court of Appeals for the District of Columbia Circuit. The Court’s en banc ruling is posted here.
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