Gwynne A. Wilcox v. Donald J. Trump
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Reversed
In consolidated appeals, the 12th Circuit held that statutory ‘for-cause’ removal protections for members of the National Labor Relations Board and the Merit Systems Protection Board violate Article II because both agencies wield substantial executive power. Accordingly, the court reversed district-court judgments that had reinstated two ousted board members, declaring the President may remove them at will.
Circuit Split Identified
Legal Issue
Whether the National Labor Relations Board possesses statutory authority under 29 U.S.C. § 160(c) to award compensatory or consequential-like monetary damages as affirmative relief for unfair-labor-practice violations.
Circuit Positions
Section 160(c) authorizes the NLRB to award compensatory and consequential damages as part of its affirmative remedial powers.
Section 160(c) does not authorize the NLRB to award such monetary damages; any order granting them is ultra vires.
Conflict Summary
Some circuits read § 160(c) broadly to permit the NLRB to order compensatory and consequential damages ‘to effectuate the policies of the Act,’ while others hold that such monetary relief exceeds the Board’s statutory remit and is ultra vires.