Van Hollen, Alsobrooks Demand Trump Reinstate NLRB Member Wilcox, Protect Workers’ Rights

U.S. Senators Chris Van Hollen and Angela Alsobrooks (both D-Md.), and a bipartisan group of 265 lawmakers wrote a letter to President Trump demanding he immediately reinstate National Labor Relations Board (NLRB) Member Gwynne Wilcox. The lawmakers called on the president to restore the NLRB’s ability to protect the rights of American workers to organize and collectively bargain, which have already been impaired by understaffing at the agency and now are effectively lost by the lack of quorum on the NLRB.

“We are writing to express our deep frustration at the unprecedented and illegal firing of National Labor Relations Board Member Gwynne Wilcox and the negative impact this will have on working people across the country,” wrote the lawmakers. “This firing violates the National Labor Relations Act (NLRA), renders the Board unable to effectively enforce federal labor law, and profoundly undermines the independence of the agency.”

Congress created the NLRB nearly 90 years ago as an independent, non-partisan federal agency to protect workers nationwide by enforcing the NLRA, which guarantees the rights of workers to join together in collective action, including by organizing unions, negotiating contracts, and going on strike. The lawmakers highlighted the specific federal statute that restricts the president’s ability to remove NLRB members for reasons other than neglect of duty or malfeasance, and they clarify that Wilcox’s firing without a hearing nor cause expressly violated that law.

“Workers rely on the NLRB to safeguard their rights to organize and collectively bargain to better their working conditions,” continued the lawmakers. “However, by firing Member Wilcox and leaving the five-seat NLRB with only two Members, you have left the Board without a quorum and effectively shut down its decision-making ability. This simply encourages bad employers to violate the law and trample on workers’ rights, while workers subjected to illegal union-busting will face significant delays in receiving the justice to which they are entitled.”

“We urge you to reverse your decision and to immediately reinstate Member Wilcox to the NLRB to ensure that working people are afforded the protections to which they are entitled under the law,” concluded the lawmakers.

The letter was signed by every single House and Senate Democrat, as well as Rep. Brian Fitzpatrick (R-PA).

A copy of the letter is available here and below.

Dear President Trump:

We are writing to express our deep frustration at the unprecedented and illegal firing of National Labor Relations Board (NLRB or “the Board”) Member Gwynne Wilcox and the negative impact this will have on working people across the country. This firing violates the National Labor Relations Act (NLRA), renders the Board unable to effectively enforce federal labor law, and profoundly undermines the independence of the agency. We call on you to reverse this action and to immediately reinstate Member Wilcox.

Section 3(a) of the NLRA states that “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.” Yet the firing of Member Wilcox was done without hearing and was not for neglect of duty or malfeasance, meaning that this action clearly violates the NLRA.

Furthermore, workers rely on the NLRB to safeguard their rights to organize and collectively bargain to better their working conditions. However, by firing Member Wilcox and leaving the five-seat NLRB with only two Members, you have left the Board without a quorum and effectively shut down its decision-making ability. This simply encourages bad employers to violate the law and trample on workers’ rights, while workers subjected to illegal union-busting will face significant delays in receiving the justice to which they are entitled.

The NLRB is already dealing with substantial understaffing in its field offices. If the Board is unable to enforce the law, the delays workers face in resolving unfair labor practices charges will only grow. Additionally, victims of unfair labor practices will be unable to obtain the remedy they are entitled to if the perpetrator refuses to settle the case.

Finally, merely nominating a replacement for Member Wilcox to restore a quorum will not remedy the damage done by this firing. This firing has compromised the NLRB’s independence. Congress created the NLRB, like other independent federal agencies, to be non-partisan, and to apply the trained judgment of a body of experts informed by experience to issues that arise under the NLRA. Congress provided NLRB Members staggered terms so that the agency could accumulate technical expertise, and avoid complete changes in leadership at any one time. For nearly nine decades, NLRB members have indeed interpreted and effectuated the NLRA following their own expertise and without fear of reprisals. It is necessary to reinstate Member Wilcox immediately to restore that independence.

Accordingly, we urge you to reverse your decision and to immediately reinstate Member Wilcox to the NLRB to ensure that working people are afforded the protections to which they are entitled under the law.