Does the NLRB Have a Quorum?

By Kelly A. Hayden, JD, Chief Legal Counsel
Published April 15, 2025

The answer to this important question seems to depend on the day of the week! In early March, we reported that the National Labor Relations Board (NLRB) was without a quorum because President Trump removed sitting board member Gwynne Wilcox. 

Subsequently, on March 6, 2025, a federal district court in Washington DC found that Wilcox was illegally removed and reinstated her. The first decisions issued upon her return by the NLRB contained footnotes indicating that her role on the NLRB was being contested in court.

On March 28, 2025, the DC Circuit Court granted an emergency motion which removed Wilcox from the Board pending legal challenges. This meant the NLRB no longer had a quorum and, once again, could not issue decisions. 

On April 7, 2025, Wilcox was once again reinstated by the DC Circuit Court. The NLRB had a quorum and could proceed with hearing cases and issuing decisions.

On April 9, 2025, the United States Supreme Court issued a brief order staying the DC Circuit Court’s April 7 order to reinstate Wilcox. Thus, as of April 9, 2025, the NLRB does not have a quorum and cannot issue decisions.

At this point, the case is scheduled for oral argument on the merits of the case before the DC Circuit Court on May 16, however, most experts agree that the case will most likely proceed on the merits to the United States Supreme Court regardless of the decision. (All of these previous decisions have only related to whether Wilcox should remain on the Board pending a court decision about the legality of President Trump’s decision to remove her). 

The status of the NLRB seems to change week to week! HR Source members with questions can contact us through the HR Hotline Online or at 800-448-4584.