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Judge’s verdict nullifies Trump’s sack, Wilcox returns.

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Wilcox reinstated by a Federal judge

A federal judge on Monday, March 10, 2025, ruled that Trump’s removal of Gwynne Wilcox from the NLRB was blatantly unlawful.

A member of the National Labor Relations Board who was fired by President Donald Trump returned to the office to cheers on Monday.

This comes after a judge ordered her reinstatement at the workers’ rights agency.

Employees at the NLRB’s headquarters in Southeast Washington lined the sidewalk as Gwynne Wilcox showed up for her first day at work since Jan. 27.

January 27 was when Trump removed her from office and eliminated the board’s quorum.

They held signs that said “Welcome Back Gwynne” and “We Need The NLRB.”

Wilcox’s firing had left the board with only two members – one Democrat and one Republican.

This rendered it unable to issue decisions in cases.

The NLRB enforces collective-bargaining rights for workers, so the gridlock was beneficial to employers looking to stall organizing efforts or dodge union-busting charges.

Addressing the crowd on Monday, Wilcox said she didn’t sleep the night Trump fired her because she was “so stunned and disappointed.”

She said the board lacking a quorum left workers unprotected.

“If we can’t function … there are people who are waiting every day for our decision.

“So for every day that a decision is not issued, we are really not doing our jobs,” she added.

No president had ever fired a sitting board member, as the law clearly states members can only be removed for “neglect of duty” or “malfeasance.”

It also states that such a person must first be given “notice and hearing.”

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Wilcox’s term was supposed to run through August 2028.

But Trump has fired a slew of officials at independent bodies like the NLRB in an effort to expand presidential power and take unprecedented control of federal agencies.

Wilcox filed a lawsuit seeking reinstatement, arguing her removal was unlawful.

Judge Beryl A. Howell agreed with Wilcox and issued an order last Thursday.

An order that ensured 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.

She wrote, “A President who touts an image of himself as a ‘king’ or a ‘dictator,’ perhaps as his vision of effective leadership, fundamentally misapprehends the role under Article II of the U.S. Constitution.”

NLRB members serve staggered five-year terms, and the president can nominate new members as seats open up.

This is to ensure its composition changes under Democratic and Republican administrations.

The board is expected to become more employer-friendly under Trump, after years of more union-friendly policies under former President Joe Biden.

Trump’s removal of Wilcox stunned many close observers of the board.

This is because he could have secured a GOP majority without carrying out a legally dubious firing.

The board normally has five members but two seats were vacant and Trump could have simply nominated two Republicans to be considered by the GOP-controlled Senate, likely securing a 3-2 majority.

Wilcox told an online media agency on Monday, that she was eager to get back to work.

Like some other civil servants who were fired by the Trump administration and then rehired, Wilcox had some administrative onboarding to go through.

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She was already back on her work email but wasn’t sure if she would have a laptop lined up for Monday.

She said it was strange to feel like “a public figure” due to the firing and the fight for her job.

“It was really important to publicize what was happening and why I filed this case,” she said.

“Even though it might have been a little uncomfortable for me, I needed to do it,” she added.


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