President fires NLRB Member and General Counsel

The President has fired NLRB Member Gwynne Wilcox—an unprecedented move that leaves the Board without a quorum and thus unable to act.

The statute says Members can be removed "by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.” But many employers have been arguing that these restrictions are unconstitutional restrictions on the President's executive powers. Wilcox has said she will challenge her removal.

The President has also fired NLRB General Counsel Jennifer Abruzzo. He does have that power, according to federal Circuit Court decisions.

There is no word on when—or even whether—the President will provide nominations to fill the three empty Board seats.