Fired NLRB Member Gwynne Wilcox Reinstated (For Now)
By Timothy Murphy - Skoler Abbott P.C.
April 8, 2025
The D.C. Circuit Court of Appeals has denied the federal government’s request to stay lower court rulings that reinstated NLRB Member Gwynne Wilcox after President Trump fired her. The April 7 decision reinstates her to the NLRB while the appeal over her firing is pending.
The Background
President Trump fired Wilcox from her position as an NLRB member in January 2025. She appealed citing the statutory “for cause” protections that limit at-will removals from independent boards like the NLRB. A federal district court judge agreed with her and issued a ruling blocking her removal. The government appealed and requested a stay to prevent her reinstatement while the appeal was pending. A three-member D.C. Circuit panel granted that request. But this week, the full D.C. Circuit vacated that stay and denied the government’s appeal.
What It Means
Wilcox’s return to the NLRB restores a three-member quorum, meaning the agency can return to its work.
What the Court Said
Until the Supreme Court decides otherwise, presidents don’t have much authority to remove officials from independent labor agencies. The government, the court found, had not shown a “strong likelihood” of success on the merits of its appeal — the key standard for issuing a stay. The court also dismissed the executive branch’s arguments of irreparable harm.
Bottom Line
The NLRB is back in business for now until this appeal is over and/or new members are nominated by the President and confirmed by the Senate.
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