The former head of the National Labor Relations Board (NLRB), a US labor watchdog agency, is suing President Donald Trump over her termination as an NLRB board member after the 47th President suddenly removed her from her position last week.

Gwynne Wilcox, who served as chairman of the NLRB until Monday, January 27, has described her own removal as “unprecedented and illegal”. She has filed a lawsuit against Trump and the man he hired to replace her, Marvin Kaplan, stating that she was dismissed for a “blatantly political purpose that flies in the face of the NLRB’s independent status,” according to the Guardian.

Wilcox, who was appointed to her position last December by President Joe Biden, was set to finish out her term in 2028. If her termination is executed, she will become the first board member to be removed since 1935.

She has pointed out that examples of “neglect of duty or malfeasance in office” are required to dismiss an NLRB member, something Trump did not provide before firing her.

Her removal from the board means that the NLRB consists only of two remaining members, hence they cannot meet the three-member quorum required for them to issue decisions. Hence, the watchdog agency is unable to make calls on open investigations into workplace violations, union petitions or unfair labor practices.

Wilcox is seeking an injunction that would reinstate her to her position as chairman of the board so that the watchdog may continue to operate as a congressionally mandated independent agency. She has stated that she intends to pursue “all legal avenues” to appeal her termination.

“President Trump’s firing of an NLRB Member without good cause flies in the face of that precedent and practice and is blatantly unconstitutional,” said Brian Frazelle, deputy chief counsel for the Constitutional Accountability Center.

“By leaving only two board members in their posts, the President has effectively shut down the National Labor Relations Board’s operations, leaving the workers it defends on their own in the face of union-busting and retaliation,” said Liz Shuler, President of the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO).

“[These] moves will make it easier for bosses to violate the law and trample on workers’ legal rights on the job and fundamental freedom to organize,” Shuler continued. “Member Wilcox has already indicated she will challenge her firing, and we fully expect she will succeed in the courts and be restored to her position so she can continue to be a critical pro-worker voice on the NLRB.”