Trump Removes NLRB General Counsel and Democratic Member

On January 27, 2025, President Trump removed National Labor Relations Board (NLRB) general counsel, Jennifer Abruzzo, and Democratic board member, Gwynne Wilcox.

The NLRB is an independent federal agency responsible for protecting employees' rights to organize, form, or join unions, and to choose union representation through elections. It also investigates and addresses unfair labor practices by both employers and unions in the private sector, ensuring fair treatment in labor relations. The general counsel of the NLRB directs the investigation and prosecution of unfair labor practices, oversees legal actions, and ensures the enforcement of labor laws.


Abruzzo’s removal was expected after former President Biden removed her Trump-appointed predecessor. During her term, Abruzzo was a strong advocate for worker protections, pushing policies that made it easier for workers to organize.


One week after President Trump removed Abruzzo, he named William B. Cowen as acting general counsel of the NLRB. Cowen has served as the Regional Director for the NLRB’s Los Angeles Office since 2016. In a statement released by the NLRB announcing Cowen’s appointment as acting general counsel, it was not indicated who President Trump will formally appoint to fill the role of general counsel. The appointment must be confirmed by the United States Senate.


The removal of Wilcox, the first Black woman to serve on the NLRB, has left the five-member board with at most two members, depriving the Board of a quorum. This means the Board cannot make decisions on cases, although it can continue to process them. Furthermore, the general counsel’s office can continue operations through the agency’s regional offices.


Wilcox expressed her disappointment about her removal, stating that she will pursue "all legal avenues to challenge my removal, which violates long-standing Supreme Court precedent." Wilcox’s removal is the first time a president has terminated a member of the Board. Wilcox’s challenge will determine whether statutory tenure protections constitute an unconstitutional infringement on the president’s power.


On Wednesday, February 5, 2025, Wilcox filed a single-count Complaint against President Trump alleging a violation of the NLRA. The suit alleges that Wilcox had a clear legal entitlement to retain her position as a member of the NLRB because the NLRA states that “a member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.” Upon her termination, Wilcox did not get a hearing, nor did her termination letter outline any conduct to support a claim that she neglected her duty or committed malfeasance.


The removal of Wilcox and Abruzzo signals the current administration’s preference for employer-friendly policies. Assuming the president manages to confirm a new Board member through the Senate’s confirmation process, the Board will likely revisit previous precedents established by the Biden administration, such as joint-employer status, worker classification standards, and the use of confidentiality, non-disparagement, and non-compete agreements.

As always, Lockaby PLLC will continue to monitor the situation, and we will keep our readers updated.

Recent Posts

Horse statue with fountain in the background
By Lockaby PLLC • October 2, 2026
Payroll errors don't have to be intentional to create significant liability. What can employers learn from DoorDash's recent settlement with New York City?
Street with trees and brick buildings
By Lockaby PLLC • September 25, 2026
The Second Circuit Court of Appeals shifts the focus in religious accommodations cases from process to motive. Read our blog to learn more!
Man with glasses speaking, text in background
By Lockaby PLLC • September 23, 2026
A purchase agreement turns the framework of an M&A transaction into a binding contract between the parties. Watch this video to learn the ins and outs!
Brick exterior of a house with decorative rails around a porch
By Lockaby PLLC • September 18, 2026
Have you ever wondered how M&A financing works? Read our latest blog to understand the difference between cash, debt, and equity financing in M&A transactions.
Matt Lockaby discussing the parts of the letter of intent for a merger or acquisition.
By Lockaby PLLC • September 16, 2026
What is the Letter of Intent? Watch our latest YouTube video where Matt Lockaby breaks down this important document found in every M&A or business transaction.
Stonework on a building done in limestone
By Lockaby PLLC • September 1, 2026
For businesses, using AI in the workplace is common. Employers need to know what to include in an AI policy for their workplace. Read our blog to learn more.
By Lockaby PLLC • August 24, 2026
What are common interview mistakes employers should avoid? What can you ask in an interview? Watch our video now to learn more about interviewing best practices!
A statue of a horse outside triangle park in Downtown Lexington
By Lockaby PLLC • August 21, 2026
Two new DOL opinion letters clarify when employee travel is an ordinary commute and when it becomes compensable work time under the FLSA. Read on to learn more.
By Lockaby PLLC • August 6, 2026
Due diligence helps buyers identify any hidden liabilities that could affect the value of the business. Read our blog to learn about five common liabilities.
Understanding Disparate Impact in 2026
By Lockaby PLLC • July 28, 2026
In today’s video, Abby explains disparate impact under Title VII of the Civil Rights Act and recent developments from the EEOC and DOJ.
Show More