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Former President Donald Trump removed National Labor Relations Board (NLRB) general counsel Jennifer Abruzzo and Democratic member Gwynne Wilcox overnight, leaving the agency’s adjudicatory panel without a quorum and its prosecutor’s office without a permanent leader.

Abruzzo and Wilcox Ousted

Deputy general counsel Jessica Rutter has replaced Abruzzo as acting general counsel, the agency confirmed. Wilcox’s removal leaves the five-member board with only two remaining members: Democrat David Prouty and Republican Chairman Marvin Kaplan. Without a quorum, the board cannot resolve cases but may continue processing them up to adjudication.

Wilcox, the NLRB’s first Black woman board member, expressed disappointment over her removal in a statement Tuesday. She criticized the move as "unprecedented and illegal," vowing to pursue legal action to contest her dismissal.

“As the first Black woman board member, I brought a unique perspective that I believe will be lost upon my removal,” Wilcox said. She added, “I am proud of the work I’ve done to enforce the National Labor Relations Act and will challenge my removal under long-standing Supreme Court precedent.”

Legal Precedent in Focus

Wilcox’s firing has reignited debates over the constitutionality of removing NLRB members, with lawsuits challenging parts of the National Labor Relations Act (NLRA) now taking center stage. The NLRA allows the president to remove NLRB members only for "neglect of duty or malfeasance in office." Wilcox’s removal is expected to test this legal protection.

The Supreme Court’s decision in Humphrey’s Executor v. U.S. upheld removal protections for Federal Trade Commission members, which the NLRB has argued similarly applies to its board members due to its independent structure.

Abruzzo’s removal, however, falls outside the NLRA’s removal protections, as courts upheld the 2021 dismissal of her Trump-appointed predecessor, Peter Robb.

Abruzzo’s Legacy and Policy Shift

Abruzzo’s tenure as general counsel marked a shift toward worker-friendly policies, including efforts to curb employers’ use of noncompete agreements and restrictive covenants. Her office also sought to expand workers' rights to organize using company email and messaging platforms.

In a statement earlier this month, Abruzzo described her work as “the greatest honor and privilege,” emphasizing accomplishments such as “empowering workers to collectively seek improved wages, benefits, and working conditions.”

Her successor, acting general counsel Jessica Rutter, is expected to halt many of Abruzzo’s initiatives, although ongoing cases that have reached trial or appeal will likely proceed.

Political and Union Reactions

Sen. Bill Cassidy, R-La., praised Trump’s decision to remove Abruzzo, calling it “good for workers and the country.” Cassidy did not comment on Wilcox’s removal.

Meanwhile, AFL-CIO general counsel Matthew Ginsburg condemned Wilcox’s firing as “flagrantly illegal” and detrimental to the NLRB’s function. He expressed confidence that Wilcox would successfully challenge her removal and be reinstated.

Historic Impact

Wilcox, appointed in 2021, made history as the first Black woman confirmed to the NLRB. A veteran labor attorney, she previously served as associate general counsel for 1199SEIU United Healthcare Workers East and worked for the union-side law firm Levy Ratner PC.

Her removal, along with Abruzzo’s ouster, underscores the growing tensions surrounding the NLRB and its future direction under a new administration.