SCOTUS Once Again Upholds Firing of NLRB Democrat Member Wilcox, But Battle Will Continue: What Should Employers Do?
The Supreme Court late yesterday permitted the Trump administration to bar former Democrat NLRB Member Gwynn Wilcox from her former position on the Board while the larger battle plays out about whether the President has the authority to terminate leaders of independent administrative agencies without cause. In a 6-3 decision, SCOTUS ruled that greater risk of harm could come if Wilcox remained on the Board and exercised executive power while her termination is under dispute than if she were to remain unable to perform her claimed statutory duty during this limbo period. The matter will now head back to federal appeals court, with briefing and argument before a resolution and a probable return trip to the Supreme Court – which might not happen for several months at least . What do employers need to know about this developing story – and what should you do while we wait it out? Quick Timeline Here’s a quick timeline of how we arrived at this point: January 27: Trump fired Democrat B...