Judge Questions Trump’s Power to Oust Labor Board Official

A federal judge in Washington, D.C., raised concerns over whether former President Donald Trump had the authority to remove a Democratic member from the Federal Labor Relations Authority (FLRA), suggesting that such an action could undermine congressional intent and judicial oversight.

During a hearing, U.S. District Judge Sparkle Sooknanan challenged the argument presented by Justice Department attorney Alexander Resar, who claimed the court had no power to reinstate the ousted official, Susan Tsui Grundmann, even if her firing was deemed unlawful. “There is no recourse for a violation of law under your theory?” the judge pressed, questioning the implications of unchecked executive authority.

Grundmann, a Biden appointee, was dismissed by Trump in February without a stated reason, leaving the three-member FLRA in a precarious balance with one Democratic and one Republican member. Her lawsuit contends that her removal violated federal labor laws, which restrict FLRA dismissals to cases of inefficiency, neglect of duty, or malfeasance.

The Justice Department has made similar arguments in cases involving other independent agencies, but recent court rulings have rejected Trump’s attempts to unilaterally remove officials. Sooknanan appeared unconvinced by the government’s position, highlighting the historical precedent of congressional authority in structuring independent federal bodies.

With the FLRA playing a key role in resolving labor disputes between federal agencies and unions—especially amid the administration’s sweeping overhaul of the federal workforce—the outcome of this case could have significant implications for executive power and labor relations.

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