WASHINGTON, D.C. —The International Alliance of Theatrical Stage Employees (IATSE) welcomes the recent decision by the U.S. District Court for the District of Columbia ruling that President Trump’s removal of National Labor Relations Board (NLRB) Member Gwynne Wilcox was unlawful and that she shall continue to serve as a member of the NLRB until her term expires on September 5, 2028, unless earlier removed for neglect of duty or malfeasance in office.
This ruling affirms the fundamental principle that a president’s authority to remove federal officials is not unlimited and must adhere to the rule of law. While NLRB members are appointed by the President and confirmed by the Senate for 5-year terms, federal law limits their removal to cases of “neglect of duty or malfeasance in office,” though no such cause was provided.
IATSE members—and working people nationwide—rely on a fair and functional NLRB to enforce labor laws and ensure their collective bargaining agreements are upheld. In the absence of Wilcox’s presence on the Board, the national body lacked a quorum, rendering it unable to function and creating an ever-growing backlog of cases.
By upholding the independence of the NLRB, the court has reinforced the critical role the body plays as a watchdog for workers’ rights. When Board Member Wilcox is reinstated, the NLRB can resume its essential mission of resolving labor disputes and holding bad-faith employers accountable. Ultimately, this matter is likely to come before the Supreme Court, which will rule on broader questions of whether the President can remove officials from independent regulatory agencies without cause, as well as the constitutionality of the current labor board structure.
We commend NLRB Member Gwynne Wilcox for her dedication to this mission and for standing firm in the face of an unprecedented illegal removal. “Ms. Wilcox has demonstrated a strong commitment to upholding the National Labor Relations Act, protecting the rights of all workers as well as a deep understanding of the role unions play in advocating on behalf of America’s workers,” said IATSE General Counsel Samantha Dulaney.