The U.S. Court of Appeals for the District of Columbia Circuit, by the full court, has ordered that the stay of National Labor Relations Board (“NLRB” or “Board”) Member Gwynne Wilcox’s reinstatement to her seat on the Board be dissolved and that Wilcox, for the second time, be returned to her seat.
This action by the D.C. Circuit means that the NLRB once again has three members and a “quorum,” as that term is defined in the National Labor Relations Act (NLRA).
Back and Forth and Back Again
As we previously reported, on February 3, President Trump fired Wilcox from her seat on the Board, leaving only two of the Board’s five seats filled and stripping the NLRB of the quorum required by the NLRA for the Board to issue decisions, make rules, and fulfill other statutory duties.
Wilcox filed suit in the U.S. District Court for the District of Columbia, seeking her reinstatement and an order that would allow her to serve the remainder of her term, which runs out in August 2028. On March 6, 2025, the district court issued an order granting Wilcox summary judgment and reinstating her to her seat, finding that the President lacked the authority to fire a Board member without cause.
The Trump administration swiftly filed its appeal of that decision with the D.C. Circuit and sought a stay of the order reinstating Wilcox pending the outcome of that appeal. A motions panel of the D.C. Circuit granted such a stay on March 28. However, on April 7, the full D.C. Circuit declined the motion for a stay and again ordered Wilcox to be reinstated. According to the NLRB’s website, she is now once again back on the Board, and the agency has the three members necessary for a quorum.
What Next?
The Trump administration’s appeal of the district court’s reinstatement of Wilcox is continuing to move forward on an expedited basis, with oral argument scheduled for May 16.
In the meantime, the Board again has a quorum consisting of two Democratic appointees and one Republican, as well as two empty seats for which the President has yet to send nominations to the Senate. Doing so would be the fastest way for the administration to establish a favorable majority on the NLRB.
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