Gwynne Wilcox

{{short description|American attorney}}

{{use mdy dates|date=December 2022}}

{{Infobox officeholder

| name = Gwynne Wilcox

| image = Gwynne A. Wilcox, NLRB Member.jpg

| office = Chair of the National Labor Relations Board

| term_start = December 17, 2024

| term_end = January 20, 2025

| president1 = Joe Biden
Donald Trump

| term_start1 = September 11, 2023

| term_end1 =

| successor = Marvin Kaplan

| predecessor1 = Herself

| successor1 =

| birth_date =

| birth_place =

| death_date =

| death_place =

| party = Democratic

| education = Syracuse University (BA)
Rutgers University, Newark (JD)

| president = Joe Biden

| predecessor = Lauren McFerran

| office1 = Member of the National Labor Relations Board

| termend2 = August 27, 2023

| termstart2 = August 4, 2021

| predecessor2 = Mark Gaston Pearce

| successor2 = Herself

| president2 = Joe Biden

}}

Gwynne A. Wilcox is an American attorney who has served on the National Labor Relations Board (NLRB).

Early life and education

Wilcox obtained a Bachelor of Arts from Syracuse University and a Juris Doctor from the Rutgers Law School.{{Cite web |last=Talt |first=Jamie S. |last2=Sutton |first2=Holly L. |date=March 21, 2022 |title=Meet Your New NLRB Member: Gwynne A. Wilcox |url=https://www.americanbar.org/groups/labor_law/publications/labor_employment_law_news/newsletter-lel-winter2022/nlrb-member-gwynne-wilcox/ |access-date=2025-03-14 |website=American Bar Association |language=en}}

Career

Wilcox is a fellow of the College of Labor and Employment Lawyers.{{Citation needed|date=March 2025}} She is also a member of the Labor and Employment Law sections of both the American Bar Association and New York State Bar Association.{{Citation needed|date=March 2025}} She is a partner at Levy Ratner, P.C, an employment law firm that deals with unions. Part of Wilcox's work is to represent unions before the NLRB.

=NLRB=

On May 26, 2021, President Joe Biden nominated Wilcox to be a member of the National Labor Relations Board (NLRB).{{Cite news |last=Kullgren |first=Ian |date=May 26, 2021 |title=Biden to Nominate Gwynne Wilcox for NLRB Democratic Seat |url=https://news.bloomberglaw.com/daily-labor-report/biden-to-nominate-gwynne-wilcox-for-nlrb-democratic-seat |access-date=2025-03-14 |work=Bloomberg Law}}{{cite web |title=President Biden Announces More Key Administration Nominations |url=https://bidenwhitehouse.archives.gov/briefing-room/statements-releases/2021/05/26/president-biden-announces-more-key-administration-nominations-2/ |website=The White House |date=26 May 2021 |access-date=19 March 2022}} The Senate HELP Committee held hearings on her nomination on July 15, 2021. On July 21, 2021, the committee favorably reported her nomination to the Senate floor.{{cite web |title=PN609 — Gwynne A. Wilcox — National Labor Relations Board 117th Congress (2021-2022) |url=https://www.congress.gov/nomination/117th-congress/609 |website=US Congress |date = 28 July 2021|access-date=19 March 2022}} Wilcox was confirmed by the entire Senate on July 28, 2021, by a roll call vote of 52–47.{{Cite news |last=Wiessner |first=Daniel |last2=Shepardson |first2=David |date=July 28, 2021 |title=U.S. Senate approves union lawyers to NLRB, giving Democrats control |url=https://www.reuters.com/legal/legalindustry/senate-approves-union-lawyer-wilcox-nlrb-seat-2021-07-28/ |access-date=2025-03-14 |work=Reuters}}{{cite web |title=On the Nomination (Confirmation: Gwynne A. Wilcox, of New York, to be a Member of the National Labor Relations Board) |url=https://www.senate.gov/legislative/LIS/roll_call_votes/vote1171/vote_117_1_00282.htm |website=US Senate |access-date=19 March 2022}} She was sworn into her position on August 4, 2021.{{cite web |title=The National Labor Relations Board Welcomes New Board Member Gwynne Wilcox |url=https://www.nlrb.gov/news-outreach/news-story/the-national-labor-relations-board-welcomes-new-board-member-gwynne-wilcox |website=National Labor Relations Board |access-date=19 March 2022}} With the appointment, Wilcox became the first Black woman to be a member of the NLRB.{{cite news |last1=Weldon |first1=David G. |title=President Biden Nominates Union-Side Attorney Gwynne Wilcox to the NLRB |url=https://natlawreview.com/article/president-biden-nominates-union-side-attorney-gwynne-wilcox-to-nlrb |access-date=January 28, 2025 |work=The National Law Review |date=March 28, 2021}}

On June 2, 2023, President Biden nominated Wilcox for a second term on the board.{{cite web |title=President Biden Announces Key Nominees |url=https://bidenwhitehouse.archives.gov/briefing-room/statements-releases/2023/06/02/president-biden-announces-key-nominees-48/ |website=The White House |access-date=1 August 2023 |date=2 June 2023}} Her nomination was favorably reported by the Senate's HELP committee on July 12, 2023, and confirmed by the full Senate on September 6, 2023.{{Cite news |last=Wiessner |first=Daniel |date=September 6, 2023 |title=US Senate confirms Biden nominee for second term on labor board |url=https://www.reuters.com/legal/government/us-senate-confirms-biden-nominee-second-term-labor-board-2023-09-06/ |access-date=2025-03-14 |work=Reuters}}{{cite web |title=PN743 — Gwynne A. Wilcox — National Labor Relations Board 118th Congress (2023-2024) |url=https://www.congress.gov/nomination/118th-congress/743?q=%7B%22search%22%3A%5B%22wilcox%22%5D%7D&s=2&r=1 |website=US Congress |access-date=1 August 2023}} Her seat was briefly vacant as her initial term expired on August 27, 2023.{{cite web |last1=Tsirkin |first1=Julie |title=Union leaders are 'frustrated' with Democrats as key nominee awaits a vote |url=https://www.nbcnews.com/politics/congress/union-leaders-are-frustrated-democrats-key-nominee-awaits-vote-rcna95436 |website=NBC News |access-date=1 August 2023 |date=21 July 2023}} She was designated chair in December 2024 after the term of former chair Lauren McFerran expired.{{Cite web|last=NLRB Office of Public Affairs|date=December 17, 2024|title=President Biden Designates Gwynne A. Wilcox as Chair of the National Labor Relations Board|url=https://www.nlrb.gov/news-outreach/news-story/president-biden-designates-gwynne-a-wilcox-as-chair-of-the-national-labor|access-date=2024-12-17|website=National Labor Relations Board}}

Dismissal by Donald Trump

President Donald Trump attempted to dismiss Wilcox from the NLRB altogether on January 27, 2025.{{Cite news |last=Hsu |first=Andrea |date=2025-01-28 |title=Trump fires EEOC and labor board officials, setting up legal fight |url=https://www.npr.org/2025/01/28/nx-s1-5277103/nlrb-trump-wilcox-abruzzo-democrats-labor |access-date=2025-01-29 |work=NPR}} Trump's firing of Wilcox and Jennifer Abruzzo is reported to have paralyzed the Board, which now lacks the three-member quorum it needs to decide cases that come before it.{{Cite news |last=Sainato |first=Michael |date=2025-02-05 |title=Dismissed labor official sues Trump and NLRB chair over firing |url=https://www.theguardian.com/us-news/2025/feb/05/gwynne-wilcox-nlrb-lawsuit-trump |access-date=2025-02-06 |work=The Guardian |language=en-GB |issn=0261-3077}}

On January 27, 2025, President Donald Trump fired Wilcox, though her term was supposed to last into August 2028. The US Supreme Court holding Morrison v. Olson states that Congress provides tenure protections to certain inferior officers with narrowly defined duties, like the NLRB, from being fired except for cause.{{Cite web |last=Frazelle |first=Brain |date=June 28, 2025 |title=Trump's Firing of National Labor Relations Board Member Without Good Cause Is Blatantly Unconstitutional |url=https://www.theusconstitution.org/news/release-trumps-firing-of-national-labor-relations-board-member-without-good-cause-is-blatantly-unconstitutional/ |website=Constitutional Accountability Center}}{{Cite web |last=U.S. Supreme Court |date=June 29, 1988 |title=Morrison v. Olson, 487 U.S. 654 |url=https://supreme.justia.com/cases/federal/us/487/654/ |access-date=2025-01-28}} Her spokesperson said her firing violated "long-standing Supreme Court precedent" and that she would take "legal avenues" to challenge her removal.{{Cite web |last=Jamieson |first=Dave |date=2025-01-28 |title=Trump Again Tests The Bounds Of Presidential Power In Firing Of Latest Official |url=https://www.huffpost.com/entry/trump-nlrb-firings_n_6798ed5ee4b041a82d147088 |access-date=2025-01-28 |website=HuffPost}}{{cite news |last1=Sainato |first1=Michael |title=Trump fires senior labor board official in 'unprecedented and illegal' move |url=https://www.theguardian.com/us-news/2025/jan/28/gwynne-wilcox-trump-labor-board |access-date=January 28, 2025 |work=The Guardian |date=January 28, 2025}} Wilcox's firing also explicitly contradicted a federal statute which provides that members of the NLRB "may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause."{{Cite news |last=Niedzwiadek |first=Nick |date=2025-02-05 |title=Trump fired this independent labor regulator. Now, she’s suing. |url=https://www.politico.com/news/2025/02/05/ex-nlrb-member-challenges-trumps-firing-00202585 |access-date=2025-02-06 |work=Politico |language=en}}{{USCsub|29|153|a}} On February 5, Wilcox filed suit against Trump and NLRB chair Marvin Kaplan in the US District Court for the District of Columbia.{{Cite web |last=Bolden |first=Leslie |date=2025-02-05 |title=Former NLRB Member Sues Trump Over Firing, Setting Stage For Supreme Court Showdown |url=https://www.tampafp.com/former-nlrb-member-sues-trump-over-firing-setting-stage-for-supreme-court-showdown/ |access-date=2025-03-06 |website=Tampa Free Press |language=en-US}} On March 6, Judge Beryl Howell ruled that Trump's action violated the National Labor Relations Act, and that Wilcox “remains a member of the National Labor Relations Board”.{{Cite web |last=Grumbach |first=Gary |last2=Atkins |first2=Chloe |last3=Richards |first3=Zoë |date=2025-03-06 |title='A blatant violation of the law': Judge blasts Trump's firing of NLRB member and orders reinstatement |url=https://www.nbcnews.com/politics/trump-administration/judge-trump-reinstate-national-labor-relations-board-member-wilcox-rcna195220 |access-date=2025-03-14 |website=NBC News |language=en}}{{Cite news |last=Kaori Gurley |first=Lauren |last2=Mark |first2=Julian |date=2025-03-06 |title=Judge says Trump illegally fired National Labor Relations Board member |url=https://www.washingtonpost.com/business/2025/03/06/nlrb-trump-ruling-gwynne-wilcox/ |access-date=2025-03-06 |work=The Washington Post}} However, on March 28, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled that the termination could take effect while the lawsuit proceeded.{{Cite web |last=Jamieson |first=Dave |date=2025-03-28 |title=Trump-Appointed Judge Clears The Way For Trump To Fire Democratic Officials He Doesn't Like |url=https://www.huffpost.com/entry/dc-circuit-trump-firings-ruling_n_67e71514e4b0a5c9f3d5aa11 |access-date=2025-03-28 |website=HuffPost |language=en}}

On April 7, the full Court of Appeals for the D.C. Circuit voted 7-4 to once again block the termination. However, on April 9, in response to an emergency appeal from the Trump Administration, Chief Justice John Roberts of the United States Supreme Court issued a stay on that decision.{{cite news |last1=Bagchi |first1=Aysha |last2=Mansfield |first2=Erin |title=Supreme Court lets Donald Trump fire independent board members – for now |url=https://eu.usatoday.com/story/news/politics/2025/04/09/donald-trump-supreme-court-nlrb-democrats/83012169007/ |access-date=9 April 2025 |work=USA Today |date=9 April 2025}}

Awards and honors

Wilcox is the recipient of Syracuse University's Chancellor's Citation for Distinguished Achievement. She has also won the Peggy Browning Fund's Lifetime Achievement Award.{{Cite web |date=2021-06-07 |title=Scheinman Institute Board Member Gwynne Wilcox Nominated To Serve On NLRB |url=https://www.ilr.cornell.edu/scheinman-institute/blog/board-members/scheinman-institute-board-member-gwynne-wilcox-nominated-serve-nlrb |access-date=2025-03-14 |website=The ILR School |language=en}}

See also

References