On May 22, 2025, the U.S. Supreme Court issued a stay that effectively sidelined a sitting NLRB member—without cause and without a final ruling on the merits. If you’re an employer navigating union issues, you’ll want to read this.
🔍 Background
President Trump, shortly after taking office again, fired Gwynne Wilcox (NLRB) and Cathy Harris (MSPB)—both confirmed, Biden-appointed officials—with years left on their terms. The catch? Federal law prohibits their removal without cause (i.e., for neglect or malfeasance). No cause was alleged. Just a dismissal email.
The firings defied statutory protections and a 90-year-old Supreme Court precedent: Humphrey’s Executor v. U.S. (1935), which limits presidential power over independent agencies like the NLRB, FTC, and FCC.
⚖️ The SCOTUS Order
The Court granted Trump’s emergency application to block district court orders that had reinstated Wilcox and Harris. The majority didn’t outright overrule Humphrey’s—but it sure hinted at it.
“The Government is likely to show that both the NLRB and MSPB exercise considerable executive power,” the Court said, suggesting that for-cause removal protections may not apply.
The ruling remains in effect:
- Until the D.C. Circuit rules on the appeal, and
- If SCOTUS grants review, until it issues a final decision.
🧨 What This Means for Employers
The immediate impact? The NLRB lacks a quorum and can’t issue decisions. That’s a big deal:
- ALJ decisions can’t be appealed to the Board.
- Union election rulings may stall.
- Ongoing rulemaking grinds to a halt.
For employers managing union campaigns or facing unfair labor practice charges, this may create temporary breathing room—or total procedural limbo.
📉 Bigger Picture: Is Humphrey’s on the Chopping Block?
Justice Kagan’s dissent is blunt:
“Today, this Court effectively blesses those [unlawful] deeds.”
She warns that the Court is bypassing full legal review to greenlight removals that undercut Congress’s design for independent agencies. And she calls out the irony: the Court shields the Federal Reserve from the same fate—likely to avoid spooking financial markets—while gutting similar protections elsewhere.
💥 Why It Matters
This is more than an NLRB story. If Humphrey’s falls:
- Presidents may gain broad power to fire agency heads at will.
- Agencies like the FTC, FCC, and CPSC could become political revolving doors.
- Regulatory stability could become a relic.
🔭 Next Steps
The D.C. Circuit heard arguments May 16. If SCOTUS grants review, we could see a landmark decision next Termredefining the balance of power between the Executive Branch and independent regulators.
📌 Bottom Line for Employers
For now, the NLRB is legally hobbled. But the bigger shift may be coming: Presidents could soon get free rein to remake “independent” agencies from day one. Stay tuned.
📄 Read the order: SCOTUS Order PDF