Fired NLRB member Gwynne Wilcox’s legal fight for reinstatement could unintentionally strengthen employer lawsuits challenging the agency’s constitutionality. If a court orders her return, it may help companies argue that NLRB members' removal protections caused them legal harm, a key requirement for constitutional challenges. Wilcox’s case hinges on whether her firing by President Trump violated longstanding legal protections for board members. A hearing on Wednesday will test whether the case could quickly reach the Supreme Court, potentially shaping future labor board authority. The outcome could have lasting consequences for labor law enforcement and employer challenges to federal oversight.
See "Fired Labor Board Member's Bid for Reinstatement Has Catch-22", Robert Iafolla, Bloomberg Law, March 4, 2025