President Can Remove NLRB Members, Appeals Court Rules

The President may remove National Labor Relations Board members despite the NLRA’s limits on removal, the U.S. Court of Appeals for the District of Columbia Circuit ruled in Wilcox v. Trump. Meanwhile, the Supreme Court is reviewing a related case involving the Federal Trade Commission that may clarify the President’s removal powers.

The majority on the D.C. Circuit panel reasoned that Congress cannot restrict the President’s removal powers because the NLRB exercises substantial executive power. A dissent argued that the agency’s role is mainly adjudicative, and therefore removal limits should apply.

Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.