03.24.25

Committee Labor Leaders Demand Answers Following NLRB Member Wilcox’s Reinstatement

WASHINGTON – Full Committee Ranking Member Robert C. “Bobby” Scott (VA-03), HELP Subcommittee Ranking Member Mark DeSaulnier (CA-10), and Vice Ranking Member Greg Casar (TX-35) demanded answers from National Labor Relations Board Chairman Kaplan, after he carried out an illegal order by President Trump to fire Member Gwynne Wilcox, only to allow her to return to her Senate-confirmed position after the intervention of a federal judge.

The National Labor Relations Act of 1935 (NLRA) established the NLRB as an independent federal agency designed to function without direct political interference. No President can legally fire a sitting Board Member without cause and due process.  After Chairman Kaplan carried out the removal of Member Wilcox, the NLRB was left without a quorum to act on pending cases that protect American workers from harassment and coercion by their employers. 

“Removing Member Wilcox from the NLRB without proper notice, hearing, or cause was a clear contravention of the law, the principle of the separation of powers, and nearly 90 years of Supreme Court precedent,” wrote the Members.  “Fortunately, a federal court has reinstated Member Wilcox, and she is back at work doing the job the U.S. Senate confirmed her to do.  However, Congress and the American people deserve to know the full extent of the NLRB’s role in the President’s illegal order.”

“As detailed above, your acquiescence with the Trump Administration’s illegal and unconstitutional order runs contrary to your role as head of an independent agency outside of the President’s direct control,” continued the Members.  “As Chairman of the NLRB, you have a duty to oversee the administration, operation, and personnel of the Board in service of American workers, not the President.”

In keeping with the Committee’s oversight responsibilities, the members demanded the Chairman turn over all information, documents, and communications related to the decision to remove, and removal of, Member Wilcox. 

To read the full letter, click here.

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