A judge for the US District Court for the District of Columbia on Wednesday held that President Donald Trump’s “unprecedented removal” of the Chair of the Federal Labor Relations Authority (FLRA), Susan Tsui Grundmann, was unlawful.
Noting that “no President has ever removed a Member” in nearly 50 years since the FLRA’s creation, Judge Sparkle Sooknanan highlighted the fact that Grundmann received “no explanation whatsoever” for her removal and was simply informed of her termination through a two-sentence e-mail that read: “On behalf of President Donald J. Trump, I am writing to inform you that your position on the Federal Labor Relations Authority is terminated, effective immediately. Thank you for your service.”
Sooknanan also highlighted that Grundmann did not receive any notice or hearing and there was no allegation whatsoever of “inefficiency, neglect of duty, or malfeasance of office”—a requirement for removal of an FLRA member under 5 USC § 7104(b).
The court dismissed the government’s argument that § 7104(b) itself is unconstitutional, stating that this argument “cannot be reconciled with longstanding Supreme Court precedent” and is tantamount to encroaching on congressional authority under Article I of the Constitution.
The court also dismissed the government’s position that the only recourse for Grundmann if unlawful removal is found is “backpay” and that Grundmann cannot be permitted to continue in her role because it would raise separation of powers concerns. Sooknanan responded that it is ludicrous to suggest that the president may intrude on congressional authority under Article I of the constitution and cause injury while the courts may not interpret the law and redress that injury under Article III. Thus, the court concluded Grundmann is entitled to relief “that would redress her injury and allow her to continue her work on the FLRA.”
The FLRA was created in 1978 to resolve complaints regarding unfair labor practices. It is composed of three members, all of whom are to be appointed by the president with the advice and consent of the Senate. No more than two of these three members can be of the same political party and each is entitled to a five-year term. The FLRA was created to resolve disputes in a neutral and independent manner. Congress intended that FLRA be “impartial by independence from any direct responsibility to the incumbent administration.”
This is one among a series of cases challenging the president’s termination actions in the past few weeks, and the court acknowledged that many such cases have been launched in its specific district alone. Indeed, just last week, a different federal judge from the same district held Trump’s removal of the National Labor Relations Board Chair, Gwynne Wilcox, unlawful and ordered her immediate reinstatement; the judge’s order in that case was accompanied by stern words for the president.