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national labor relations board
New Lawsuit Reveals Trump Quietly Fired Head of Office That Protects Whistleblowers
"This illegal firing undermines the office that investigates whistleblower disclosures of wrongdoing and enforces the law meant to keep partisan politics out of the federal workforce," wrote one watchdog group.
Feb 10, 2025
Special Counsel Hampton Dellinger, the head of an independent federal agency that protects whistleblowers, filed a lawsuit in federal court Monday alleging that U.S. President Donald Trump's "purported" dismissal of him via email on Friday is unlawful and ignores for cause removal protections that Dellinger is entitled to.
Dellinger is one of a number of officials at independent federal agencies that Trump has moved to fire in recent weeks.
According to the complaint, Dellinger received an email from Sergio Gor, director of the White House Presidential Personnel Office, on February 7, which read: "On behalf of President Donald J. Trump, I am writing to inform you that your position as special counsel of the U.S. Office of Special Counsel is terminated, effective immediately. Thank you for your service[.]"
The complaint lists six defendants, including Gor, Trump, acting Special Counsel of the Office of Special Counsel (OSC) Karen Gorman ("upon the purported removal" of Dellinger, according to the complaint), Treasury Secretary Scott Bessent, Chief Operating Officer of the OSC Karl Kanmann, and Director of the Office of Management and Budget Russell Vought.
Dellinger is requesting that the court declare his firing unlawful and affirm that he is the head of the OSC.
The filing also asks the court to order that "Bessent, Gor, Kammann, and Vought may not place an acting special counsel in plaintiff Hampton Dellinger's position, or otherwise recognize any other person as special counsel or as the agency head of the Office of Special Counsel."
The watchdog group Project on Government Oversight called the move against Dellinger "illegal" and wrote on X on Monday that it "undermines the office that investigates whistleblower disclosures of wrongdoing and enforces the law meant to keep partisan politics out of the federal workforce."
The OSC is both an investigative and prosecutorial agency whose main mission is to protect federal employees from "prohibited personnel practices"—in particular reprisals for whistleblowing. The office is different from the "special counsels" that the U.S. Department of Justice may appoint to prosecute cases in instances where they deem there may be a conflict of interest.
Dellinger was nominated to be the special counsel of the OSC by then-President Joe Biden in 2023 and was confirmed by the Senate to a five-year term that was set to expire in 2029.
The complaint cites federal statute, which mandates that "the special counsel may be removed by the president only for inefficiency, neglect of duty, or malfeasance in office." Dellinger's legal counsel argues that the email from Gor does not accuse Dellinger of "any inefficiency, neglect of duty, or malfeasance... nor could it."
In late January, Trump fired National Labor Relations Board Member Gwynne Wilcox, who has since sued over her dismissal, as well as two Democratic members of the Equal Employment Opportunity Commission. Federal Election Commission Commissioner and Chair Ellen Weintraub also said that Trump tried to remove her improperly.
The Trump administration also purged over a dozen inspectors generals who perform oversight duties at various federal agencies.
The filing also argues that the removal of these sorts of civil servants makes the work of the OSC all the more important.
"Congress authorized the OSC with a crucial investigative and oversight role to protect the integrity of the civil service in circumstances such as these," wrote Dellinger's lawyers.
"The recent spate of terminations of protected civil service employees under the new presidential administration has created controversies, both about the lawfulness of these actions and about potential retaliation against whistleblowers," they added.
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Sanders Says Attack on NLRB Proves Trump Is Enemy of the Working Class
"Rather than standing up for average Americans," said the Independent U.S. senator, the president is "protecting the interests of some of the wealthiest people in the world."
Feb 08, 2025
President Donald Trump, by his actions, has revealed his clear dishonesty when he claims to be governing on behalf of American workers and their families.
That's the message at the heart of a statement released Friday by Sen. Bernie Sanders (I-Vt.), who cited recent attacks on the National Labor Relations Board (NLRB) by the Trump administration and his allies that directly contradict any such claims.
"When Trump campaigned for president, he claimed he was on the side of the working class," said Sanders. "But that’s not what he’s delivering. Rather than standing up for average Americans, he's protecting the interests of some of the wealthiest people in the world."
When Trump, he continued, "fires the most pro-union General Counsel in the history of the NLRB and illegally removes a member of this independent board, he is not a champion of the working class. He is a champion of unfettered corporate greed and union busters."
"When Trump campaigned for president, he claimed he was on the side of the working class. But that’s not what he’s delivering."
—Sen. Bernie Sanders
On Jan. 27, NLRB Commissioner Gwynne Wilcox, appointed to the board in 2021 for a term intended to last through to 2028, was terminated in a move that labor experts said was both unprecedented and unlawful.
Wilcox, who has since filed a lawsuit over her ouster, said in an interview with CBS News on Thursday that she was shocked—as were many others—by Trump's move, which she called a "blatant violation" of statutes that protect members of the board from political interference or reprisal.
"The law is that board members cannot be removed from their position unless they've engaged in neglect or duty or malfeasance, Wilcox explained. "And based upon the letter I received, there was no claim of that. There [wasn't] any cause or any reason that I was actually terminated."
Labor unions and advocates have said the attack on Wilcox represents a full and frontal assault on the ability of workers to organize or for union members to have their disputes or grievances addressed.
"The removal of Chair Wilcox threatens NLRB's independence and endangers working people's rights," said Eric Dean, General President of the Iron Workers Union (IW), in a Friday statement. "We stand in solidarity with Chair Wilcox and call for her immediate reinstatement to safeguard workers' rights."
The IW, which represents over 135,000 ironworkers in North America, said the "inappropriate" removal of Wilcox "has rendered the 5-member board inoperable, shutting down its decision-making ability and jeopardizing the protection of workers."
Sanders, in his remarks, echoed that central concern:
As a result of Trump’s unprecedented move, the NLRB no longer has a quorum and has effectively been shut down. What does this mean? It means that it will be far, far harder for workers to exercise their constitutional right to form a union and improve their standard of living. It means that during a union election, corporate bosses can illegally fire workers who vote to join a union. It means that corporate CEOs have free rein to illegally intimidate and coerce pro-union workers without recourse. It means that corporations can aggressively decide not to bargain in good faith with union workers or sign a first contract.
And because the NLRB is now dysfunctional, workers have no recourse.
Trump’s decision has already had disastrous consequences. Last week, workers at a Whole Foods grocery store in Philadelphia voted 130-100 to join the United Food and Commercial Workers union. But Whole Foods, owned by Jeff Bezos, has made it crystal clear that they will ignore this union victory and will not bargain with their union workers in good faith. Without a functioning NLRB, Whole Foods cannot be held accountable for its illegal behavior.
Sanders singled out Bezos as well as Elon Musk, who has been tapped by Trump to oversee the Department of Government Efficiency( DOGE), which is not an actual department with congressionally-granted authority but has targeted numerous federal agencies over the last two weeks, including the Department of Labor.
"For months, Elon Musk and Jeff Bezos, the two wealthiest men alive," said Sanders, "have been working overtime to abolish the NLRB. Why is that? These notorious anti-union billionaires want the absolute power to exploit their workers and violate labor law. The lower the wages they pay, the more money they make. Since Election Day, Elon Musk and Jeff Bezos have become $184 billion richer and are now worth $669 billion. But, apparently, that’s not enough."
Since Trump's reelection in November, a campaign victory bankrolled by numerous right-wing billionaires like Musk, Sanders has railed against the threat posed by what he has termed an American oligarchy.
Union leaders like AFL-CIO president Liz Shuler have also issued warnings about the erosion of worker protections under Trump.
“The government can work for billionaires or it can work for working people—but not both,” Shuler said on Wednesday ahead of a rally outside the Department of Labor, where DOGE personnel were said to meeting with DOL staffers.
“The government can work for billionaires or it can work for working people—but not both." —Liz Shuler, AFL-CIO
In a recent appearance on MSNBC's "All In With Chris Hayes," Sanders said that while Republicans are in control of both chambers of Congress, those majorities are historically slim and that means lawmakers remain "susceptible to citizen outrage."
Sanders said he wanted the American people, and specifically working families, to understand that they are right to be anxious about the current situation, but that they must mobilize and agitate to make their opposition heard.
"If you see these guys doing something—like wanting to give huge tax breaks to billionaires while they cut Medicare; or they want to go 'Drill, baby, drill' while we happen to be facing an existential threat of climate change; if they want to deport 20 million people in this country—stand up, fight back, we can beat them," said Sanders.
"Let's not act in a hopeless way," he continued, remarking on what can be done in the immediate term. "Longer term, obviously, we have to do what the Democratic Party has not done—and become the party of the working class, develop a strong grassroots movement, with labor unions, with young people, with people of color—and organize and fight back."
"The progressive agenda, and I say this over and over again, is the people's agenda," said Sanders. "It is wildly popular."
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Fired NLRB Official Sues Trump Over 'Illegal and Unprecedented' Ouster
"The president's removal of Ms. Wilcox without even purporting to identify any neglect of duty or malfeasance, and without notice or a hearing, defies ninety years of Supreme Court precedent," according to the complaint.
Feb 05, 2025
Former Democratic National Labor Relations Board member Gwynne Wilcox sued U.S. President Donald Trump in federal court Wednesday over her dismissal from the NLRB in late January.
Wilcox was first appointed to the body—which safeguards private sector workers' rights to organize—in 2021 by then-President Joe Biden and was re-confirmed for a five-year term by the Senate in 2023.
On January 28, Trump dismissed both Wilcox and NLRB General Counsel Jennifer Abruzzo, who, alongside Wilcox, helped strengthen workers' rights to form unions and went after employers it accused of undermining those rights. Given that Biden dismissed Trump's first-term NLRB general counsel on his first day in office, Abruzzo's firing was expected.
Wilcox's "unprecedented and illegal" firing—which was less expected than Abruzzo's—constitutes a "blatant violation" of the National Labor Relations Act, according to the complaint, which names both Trump and the acting chairman of the NLRB, Marvin Kaplan, as defendants. Wilcox is seeking an injunction against Kaplan, ordering him to reinstate her as a member of the board.
Under the National Labor Relations Act, the president can only remove board members in cases of "neglect of duty or malfeasance in office, but for no other cause" and only upon "notice and hearing," the filing states.
"The president's removal of Ms. Wilcox without even purporting to identify any neglect of duty or malfeasance, and without notice or a hearing, defies ninety years of Supreme Court precedent that has ensured the independence of critical government agencies like the Federal Reserve," Wilcox's attorney wrote.
The complaint points to a 1935 Supreme Court decision which restricted the president's power to remove members who perform perform quasi-legislative and judicial functions.
The complaint also notes that Wilcox's legal challenge is aimed at pushing back on a broader pattern of action by the Trump administration. Wilcox's dismissal is one of multiple "openly illegal firings" during Trump's first days back in the White House that appear "designed to test" Congress's ability to create independent agencies such as the NLRB, the complaint alleges.
"Although Ms. Wilcox has no desire to aid the president in establishing a test case, she is also cognizant of the fact that, if no challenge is made, the president will have effectively succeeded in rendering the NLRA's protections—and, by extension, that of other independent agencies—nugatory," wrote Wilcox's legal counsel.
The same day that Trump fired Wilcox and Abruzzo, he also dismissed two of the three Democrats on another independent federal body, the Equal Employment Opportunity Commission.
Wilcox's removal has also left the NLRB without a quorum, meaning it can't issue decisions on labor relations disputes.
Matt Bruenig, a labor lawyer who is also head of the People's Policy Project think tank, wrote in a blog post that the lawsuit sets up a constitutional challenge in which Trump will advocate for the removal of the section of the NLRA that offers removal protections to NLRB board members.
"The most likely outcome of all of this will be that the Supreme Court will rule that the removal protections in Section 3(a) of the NLRA are unconstitutional," Bruenig wrote.
"I don't think this ruling will matter all that much in the long run," he added, "but it will create delays and various headaches in the short run."
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