The President may terminate 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.
The panel majority found that the NLRB exercises substantial executive power, including the authority to:
- Issue regulations interpreting the bounds of the National Labor Relations Act;
- Set labor policy through adjudication;
- Award broad remedies for violations;
- Conduct litigation; and
- Oversee bargaining units and union elections.
The majority reasoned that Congress cannot restrict the President’s removal powers because the agency exercises substantial executive power. A dissent argued that the NLRB’s role is mainly adjudicative, and therefore removal limits should apply.