Former President Donald Trump has taken dramatic action by firing several key officials at two major worker protection agencies, sparking what appears to be an upcoming legal battle.
Late Monday, Trump dismissed Jennifer Abruzzo, the National Labor Relations Board (NLRB) General Counsel, along with Democratic board member Gwynne Wilcox. He also removed two Democratic commissioners from the Equal Employment Opportunity Commission (EEOC) - Jocelyn Samuels and Charlotte Burrows.
The removals have effectively paralyzed the NLRB's operations, as the board now lacks the minimum number of members needed to handle cases. The board typically requires three members for a quorum but now has just two following Wilcox's dismissal.
AFL-CIO president Liz Shuler criticized the move, stating it leaves workers without protection and makes it easier for employers to violate labor laws.
The fired officials are preparing legal challenges to their dismissals. While courts have previously upheld a president's authority to remove the NLRB's general counsel, board members are protected by the National Labor Relations Act, which only permits removal for "neglect of duty or malfeasance in office."
Wilcox, who made history as the first Black woman to serve on the labor board, plans to challenge her removal based on Supreme Court precedent from 1935 that limits presidential power to remove officials performing quasi-judicial functions.
The EEOC commissioners are also contesting their dismissals as unprecedented, with both Burrows and Samuels serving terms that weren't set to expire until 2028 and 2026 respectively.
These changes come at a time when both agencies had been actively expanding worker protections under the Biden administration. The NLRB recently ruled against mandatory anti-union meetings, while facing multiple lawsuits from major companies like SpaceX and Amazon over its authority.
Trump has appointed Marvin Kaplan, the sole Republican board member, as NLRB chair. However, questions remain about when or if the three vacant board positions will be filled, leaving the agency's future operations uncertain.