By D. Kevin McNeir
Special to the AFRO
Fallout continues from the late January firing of top National Labor Relations Board (NLRB) officials, as one dismissed leader, NLRB member Gwynne Wilcox, officially filed a lawsuit against the 47th president of the United States on Feb. 5.
The five-member NLRB represents the only federal agency tasked with protecting the rights of private sector workers to organize and pursue collective bargaining in the U.S. The agency also issues final administrative decisions on unfair labor practice activities and recommends solutions in cases of statutory violations.
NLRB General Counsel Jennifer Abruzzo, acting General Counsel Jessica Rutter and board member Gwynne Wilcox – the first Black woman to serve on the NLRB – were relieved of duty on Jan. 27.
The legality of the removal of the three leaders remains in question. According to the National Labor Relations Act, a president only has the authority to remove a board member for “neglect of duty or malfeasance in office, but for no other cause.”
Wilcox said her being fired represents yet another effort by the current administration to go after agencies within the federal government that address anti-racist and anti-segregationist initiatives.
In a statement, Wilcox expressed her concerns.
“As the first Black woman board member, I brought a unique perspective that I believe will be lost upon my unprecedented and illegal removal,” Wilcox wrote.
According to the Feb. 5 lawsuit “Wilcox is the first Black woman to serve on the Board, the first Black woman to serve as its Chair, and—if the President’s action is allowed to stand—will also be the first member to be removed from office since the Board’s inception in 1935.”
With the requirement that the Board must have a quorum to conduct any official business, the remaining Board members find themselves unable to issue final decisions on unfair labor practice complaints that have been initiated by workers and unions.
It’s estimated that the decisions on labor rights issued by the Board impact tens of millions of private sector workers – many of whom are members of unions.
In speaking to the impact of the unprecedented decision, National Education Association President Rebecca S. Pringle issued a statement shortly after news reports were confirmed.
“Hardworking Americans, of every race and from every place in this country, deserve to have their voices heard and their rights on the job protected. Anyone who is not a CEO or billionaire donor should be deeply alarmed by President Trump’s unlawful and unprecedented decision to remove a member of the National Labor Relations Board. This stunt is a gross abuse of power that undermines the very foundation of workers’ rights and protections in this country,” said Pringle who represents the nation’s largest union with a membership totaling more than three million.
She also highlighted how the reduction in the number of NLRB members, which leaves the Board unable to do its job, will impact American workers.
“Trump is silencing the voices of workers who rely on the Board to protect their rights, secure fair treatment and advocate for just conditions in their workplaces. NLRB’s rulings on important worker rights and organizing cases will grind to a halt,” Pringle said in a statement. “Every member of Congress has an obligation to tell [him] that they will not tolerate this kind of imperial declaration.”
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