Within days of coming into office, President Donald Trump has decided to attack the NLRB. Trump fired both NLRB General Counsel Jennifer Abruzzo and, likely illegally, National Labor Relations Board (NLRB) member Gwynne Wilcox. By firing Wilcox, Trump is attempting to destroy the institution’s ability to do the work it is assigned.
Wilcox is suing. She beleives that the late-night email firing her that from the White House, violated the National Labor Relations Act. The NLRA clearly states board members can be fired only for neglect of duty or malfeasance in office and for no other cause. Wilcox was appointed to the board by President Joe Biden and her five-year term does not expire until 2028.
Wilcox is the only board member ever fired in the history of the NLRB. By firing Wilcox, Trump prevents the NLRB from having a legally required quorum, with just two of five seats filled.
Hundreds of cases from anti-union companies like Elon Musk’s Tesla and Jeff Bezo’s Amazon.com are pending before the board. This is a gift from one rich man to other rich men, stealing from working-class people.
The National Labor Relations Board (NLRB) is an independent federal agency created in 1935 and vested with the power to safeguard employees’ rights to organize, engage with one another to seek better working conditions, choose whether or not to have a collective bargaining representative negotiate on their behalf with their employer, or refrain from doing so. The NLRB also acts to prevent and remedy unfair labor practices committed by private sector employers and unions, as well as conducts secret-ballot elections regarding union representation.
The NLRB is a bifurcated agency governed on one side by a five-person Board and on the other side by a General Counsel. Board Members and the General Counsel are appointed by the President with the consent of the Senate. The responsibilities and functions of the Agency under the 1935 National Labor Relations Act, as amended, are carried out by the National Labor Relations Board and its General Counsel, who, in addition to independent authority under the statute, exercises other authority by delegation from the Board.
Elon Musk and other billionaire owned companies are suing to ban the board entirely. This would set labor relations back in the country by at least a hundred years, likely leading to increased violence between workers and bosses. The NLRB was always a compromise for workers.
NLRB General Counsel Jennifer Abruzzo issued the following statement on her last day at the National Labor Relations Board:
“It’s been the greatest honor and privilege to be General Counsel of the National Labor Relations Board and to work alongside such talented and dedicated federal employees. We have accomplished so much through our robust education, protection, and enforcement efforts, including empowering workers to collectively seek improved wages, benefits and working conditions from their employers. There’s no putting that genie back in the bottle. So, if the Agency does not fully effectuate its Congressional mandate in the future as we did during my tenure, I expect that workers with assistance from their advocates will take matters into their own hands in order to get well-deserved dignity and respect in the workplace, as well as a fair share of the significant value they add to their employer’s operations.”
On July 22, 2021, Jennifer A. Abruzzo began serving a four-year term as General Counsel for the National Labor Relations Board. Starting in 1995, Ms. Abruzzo had spent her career at the NLRB in various positions including as Field Attorney, Supervisory Field Attorney, Deputy Regional Attorney, Deputy Assistant General Counsel, Deputy General Counsel, and Acting General Counsel. Immediately prior to her appointment as General Counsel, Ms. Abruzzo served as Special Counsel for Strategic Initiatives for the Communications Workers of America.
General Counsel Jennifer Abruzzo served the American people like a true patriot. She fought back to earn working people more rights and protect unions until the very end. She is a true union member.
In response to news of President Trump’s firing of National Labor Relations Board (NLRB) member Gwynne Wilcox and NLRB General Counsel Jennifer Abruzzo, AFL-CIO President Liz Shuler issued the following statement:
“President Trump’s firing of NLRB member Gwynne Wilcox, the first Black woman to serve on the board, is illegal and will have immediate consequences for working people. By leaving only two board members in their posts, the President has effectively shut down the National Labor Relations Board’s operations, leaving the workers it defends on their own in the face of union-busting and retaliation. Alongside the firing of NLRB General Counsel Jennifer Abruzzo, these moves will make it easier for bosses to violate the law and trample on workers’ legal rights on the job and fundamental freedom to organize. Member Wilcox has already indicated she will challenge her firing, and we fully expect she will succeed in the courts and be restored to her position so she can continue to be a critical pro-worker voice on the NLRB.”
Brent Booker, General President of the Laborers’ International Union of North America, released the following statement in reaction to news that President Trump terminated Jennifer Abruzzo, General Counsel of the National Labor Relations Board, and Board Member Gwynne Wilcox:
“A working National Labor Relations Board is a critical forum for workers to bring forward their case when their employers have broken the law or abused their rights. With these firings, the NLRB will not be able to do business until successor members are confirmed — putting an immediate halt to hearing cases that need immediate attention. We urge President Trump to fill these vacancies as soon as possible with leaders who will put the interests of workers first ahead of big business and protect the rights and safety of our members.”
Tristin Amezcua-Hogan is the Editor of The Labor Beacon and a member of LIUNA Local 264. Tristin also serves as the Director of Communications for the Greater Kansas City AFL-CIO and the Chair of the Kansas City Regional Transit Alliance.
Tristin grew up as the son of a UA Local 669 member in Tecumseh, KS and the great-nephew of George C. Amis, longtime leader of the United Rubberworkers (now USW Local 307) in Kansas. Growing up in rural Kansas as the child of teen parents, Tristin quickly came to appreciate the life-changing benefit of a union job.
Tristin and his partner, Rebeca Amezcua-Hogan, are residents of the Westside, Kansas City, MO's historic Mexican neighborhood. They are proud members of Kansas City's New Reform Temple.
