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Gwynne Wilcox

Gwynne A. Wilcox is an American attorney who has served on the National Labor Relations Board (NLRB).

Early life and education

Wilcox obtained a Bachelor of Arts from Syracuse University and a Juris Doctor from the Rutgers Law School.[1]

Career

Wilcox is a fellow of the College of Labor and Employment Lawyers.[citation needed] She is also a member of the Labor and Employment Law sections of both the American Bar Association and New York State Bar Association.[citation needed] She is a partner at Levy Ratner, P.C, an employment law firm that deals with unions.[2] Part of Wilcox's work is to represent unions before the NLRB.[2]

NLRB

On May 26, 2021, President Joe Biden nominated Wilcox to be a member of the National Labor Relations Board (NLRB).[3][4] The Senate HELP Committee held hearings on her nomination on July 15, 2021. On July 21, 2021, the committee favorably reported her nomination to the Senate floor.[5] Wilcox was confirmed by the entire Senate on July 28, 2021, by a roll call vote of 52–47.[6][7] She was sworn into her position on August 4, 2021.[2] With the appointment, Wilcox became the first Black woman to be a member of the NLRB.[8][2]

On June 2, 2023, President Biden nominated Wilcox for a second term on the board.[9] Her nomination was favorably reported by the Senate's HELP committee on July 12, 2023, and confirmed by the full Senate on September 6, 2023.[10][11] Her seat was briefly vacant as her initial term expired on August 27, 2023.[12] She was designated chair in December 2024 after the term of former chair Lauren McFerran expired.[13]

Dismissal by Donald Trump

President Donald Trump attempted to dismiss Wilcox from the NLRB altogether on January 27, 2025.[14] Trump's firing of Wilcox and Jennifer Abruzzo is reported to have paralyzed the Board, which now lacks the three-member quorum it needs to decide cases that come before it.[15]

On January 27, 2025, President Donald Trump fired Wilcox, though her term was supposed to last into August 2028. The US Supreme Court holding Morrison v. Olson states that Congress provides tenure protections to certain inferior officers with narrowly defined duties, like the NLRB, from being fired except for cause.[16][17] Her spokesperson said her firing violated "long-standing Supreme Court precedent" and that she would take "legal avenues" to challenge her removal.[18][19] Wilcox's firing also explicitly contradicted a federal statute which provides that members of the NLRB "may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause."[20][21] On February 5, Wilcox filed suit against Trump and NLRB chair Marvin Kaplan in the US District Court for the District of Columbia.[22] On March 6, Judge Beryl Howell ruled that Trump's action violated the National Labor Relations Act, and that Wilcox “remains a member of the National Labor Relations Board”.[23][24] However, on March 28, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled that the termination could take effect while the lawsuit proceeded.[25]

On April 7, the full Court of Appeals for the D.C. Circuit voted 7-4 to once again block the termination. However, on April 9, in response to an emergency appeal from the Trump Administration, Chief Justice John Roberts of the United States Supreme Court issued a stay on that decision.[26]

Awards and honors

Wilcox is the recipient of Syracuse University's Chancellor's Citation for Distinguished Achievement. She has also won the Peggy Browning Fund's Lifetime Achievement Award.[27]

See also

References

  1. ^ Talt, Jamie S.; Sutton, Holly L. (March 21, 2022). "Meet Your New NLRB Member: Gwynne A. Wilcox". American Bar Association. Retrieved March 14, 2025.
  2. ^ a b c d "The National Labor Relations Board Welcomes New Board Member Gwynne Wilcox". National Labor Relations Board. Retrieved March 19, 2022.
  3. ^ Kullgren, Ian (May 26, 2021). "Biden to Nominate Gwynne Wilcox for NLRB Democratic Seat". Bloomberg Law. Retrieved March 14, 2025.
  4. ^ "President Biden Announces More Key Administration Nominations". The White House. May 26, 2021. Retrieved March 19, 2022.
  5. ^ "PN609 — Gwynne A. Wilcox — National Labor Relations Board 117th Congress (2021-2022)". US Congress. July 28, 2021. Retrieved March 19, 2022.
  6. ^ Wiessner, Daniel; Shepardson, David (July 28, 2021). "U.S. Senate approves union lawyers to NLRB, giving Democrats control". Reuters. Retrieved March 14, 2025.
  7. ^ "On the Nomination (Confirmation: Gwynne A. Wilcox, of New York, to be a Member of the National Labor Relations Board)". US Senate. Retrieved March 19, 2022.
  8. ^ Weldon, David G. (March 28, 2021). "President Biden Nominates Union-Side Attorney Gwynne Wilcox to the NLRB". The National Law Review. Retrieved January 28, 2025.
  9. ^ "President Biden Announces Key Nominees". The White House. June 2, 2023. Retrieved August 1, 2023.
  10. ^ Wiessner, Daniel (September 6, 2023). "US Senate confirms Biden nominee for second term on labor board". Reuters. Retrieved March 14, 2025.
  11. ^ "PN743 — Gwynne A. Wilcox — National Labor Relations Board 118th Congress (2023-2024)". US Congress. Retrieved August 1, 2023.
  12. ^ Tsirkin, Julie (July 21, 2023). "Union leaders are 'frustrated' with Democrats as key nominee awaits a vote". NBC News. Retrieved August 1, 2023.
  13. ^ NLRB Office of Public Affairs (December 17, 2024). "President Biden Designates Gwynne A. Wilcox as Chair of the National Labor Relations Board". National Labor Relations Board. Retrieved December 17, 2024.
  14. ^ Hsu, Andrea (January 28, 2025). "Trump fires EEOC and labor board officials, setting up legal fight". NPR. Retrieved January 29, 2025.
  15. ^ Sainato, Michael (February 5, 2025). "Dismissed labor official sues Trump and NLRB chair over firing". The Guardian. ISSN 0261-3077. Retrieved February 6, 2025.
  16. ^ Frazelle, Brain (June 28, 2025). "Trump's Firing of National Labor Relations Board Member Without Good Cause Is Blatantly Unconstitutional". Constitutional Accountability Center.
  17. ^ U.S. Supreme Court (June 29, 1988). "Morrison v. Olson, 487 U.S. 654". Retrieved January 28, 2025.
  18. ^ Jamieson, Dave (January 28, 2025). "Trump Again Tests The Bounds Of Presidential Power In Firing Of Latest Official". HuffPost. Retrieved January 28, 2025.
  19. ^ Sainato, Michael (January 28, 2025). "Trump fires senior labor board official in 'unprecedented and illegal' move". The Guardian. Retrieved January 28, 2025.
  20. ^ Niedzwiadek, Nick (February 5, 2025). "Trump fired this independent labor regulator. Now, she's suing". Politico. Retrieved February 6, 2025.
  21. ^ 29 U.S.C. § 153(a)
  22. ^ Bolden, Leslie (February 5, 2025). "Former NLRB Member Sues Trump Over Firing, Setting Stage For Supreme Court Showdown". Tampa Free Press. Retrieved March 6, 2025.
  23. ^ Grumbach, Gary; Atkins, Chloe; Richards, Zoë (March 6, 2025). "'A blatant violation of the law': Judge blasts Trump's firing of NLRB member and orders reinstatement". NBC News. Retrieved March 14, 2025.
  24. ^ Kaori Gurley, Lauren; Mark, Julian (March 6, 2025). "Judge says Trump illegally fired National Labor Relations Board member". The Washington Post. Retrieved March 6, 2025.
  25. ^ Jamieson, Dave (March 28, 2025). "Trump-Appointed Judge Clears The Way For Trump To Fire Democratic Officials He Doesn't Like". HuffPost. Retrieved March 28, 2025.
  26. ^ Bagchi, Aysha; Mansfield, Erin (April 9, 2025). "Supreme Court lets Donald Trump fire independent board members – for now". USA Today. Retrieved April 9, 2025.
  27. ^ "Scheinman Institute Board Member Gwynne Wilcox Nominated To Serve On NLRB". The ILR School. June 7, 2021. Retrieved March 14, 2025.