President Trump has fired the acting chairman and the general counsel of the National Labor Relations Board. This action reduces the five-member board to two members and prevents rulemaking and enforcement action until replacements are found.

The dismissal of General Counsel Jennifer Abruzzo was expected. When Joe Biden was inaugurated, he demolished decades of tradition by immediately firing Trump-appointed General Counsel Peter Robb. So, #NewRules.

Abruzzo, who served as the NLRB's chief prosecutor, pushed an agenda that encouraged hyper-unionization. Her favorite theory was the "joint employer" rule, which would have, for example, made every McDonald's employee an employee of the parent corporation, not the franchisee, for labor law purposes. Fortunately, that rule was struck down by a federal court.

Giving Acting Chairman Gwynne Wilcox the heave-ho may be more complicated. Joe Biden appointed her acting chairman after the chairman's term ended in December. Wilcox's term was for five years, and the law establishing the NLRB says, "Any member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause."

Wilcox responded to the firing with a message hinting that she may head to court.

Breaking: Former NLRB member Gwynne Wilcox was removed last night by President Trump. Now the Board doesn’t have quorum
to adjudicate even routine cases. Statement below from Wilcox. pic.twitter.com/d0R0qSqGIe

— Luis Feliz Leon (@Lfelizleon) January 28, 2025

It's been an honor to serve as a Board Member and Chair of the National Labor Relations Board. As the first Black woman Board Member, I brought a unique perspective that I believe will be lost upon my unprecedented and illegal removal. Although I'm very disappointed to not be able to serve out my Senate-confirmed term ending in August 2028, I am proud of the work I've done to enforce the National Labor Relations Act — which protects the right of employees t act collectively and the responsibility of employers to respect that right. Throughout my time at the NLRB, I've worked well with my colleagues and the dedicated career staff who uphold the mission of the Agency. I will be pursuing all legal avenues to challenge my removal, which violates long-standing Supreme Court precedent.

Don't be shocked if, at some point, Trump relents and reappoints her. I think this action's purpose was to freeze the NLRB and prevent any of Biden's plans from going forward while giving him time to install his own chairman and majority.