Robert Primus, member of the Surface Transportation Board, was fired by the White House Thursday, though he contends that the move is illegal.

The Surface Transportation Board is an independent regulatory agency that has been considering the merger of Union Pacific and Norfolk Southern railroad companies.

"Robert Primus did not align with the president's America First agenda and was terminated from his position by the White House," White House spokesperson Kush Desai said in a statement. "The Administration intends to nominate new, more qualified members to the Surface Transportation Board in short order."

In a statement on LinkedIn, Primus said the email he got telling him he was fired was "deeply troubling and legally invalid."

"Ironically, this comes at a time when the Board is considering significant, pressing matters of critical importance to both our national freight rail network and supply chain that would directly affect large swaths of our manufacturing, agricultural, industrial and energy sectors," he wrote.

He noted that he was hired by President Donald Trump in his first term, was kept on during the President Joe Biden administration, and was unanimously confirmed by the House and Senate.

"I have worked tirelessly to build bipartisan trust and have demonstrated myself to be truly an independent Board member that has consistently rendered fair and impartial decisions," he said. "My record during my four and a half years at the Board reflects this, and I strongly believe the actions of the White House would weaken the Board and adversely affect the freight rail network in a way that may ultimately hurt consumers and the economy."

He ended his statement saying he doesn't plan to step down.

"I plan to continue to discharge my duties as a member of the Board and, if I'm prevented from doing so, I will explore my legal options,: he said.

The International Association of Sheet Metal, Air, Rail, and Transportation Workers -- Transportation Division said it strongly condemns the "unprecedented and unjustified" removal of Primus.

"Appointed bodies established through federal code are not designed to be erased at the whim of powerful corporate interests. This action is unprecedented, unlawful in spirit, and reeks of direct interference from hedge funds and the nation's largest rail carriers," SMART-TD, the largest rail labor organization in the United States, said in a statement.

"It sends a chilling message: that regulators who dare to stand up for fairness and balance in the rail industry can be swept aside to serve Wall Street's agenda," SMART-TD said.

The Surface Transportation Board started the review of the merger in July after Union Pacific announced it would buy Norfolk Southern for $85 million. The merger faces criticism from labor unions and those who believe it would hurt competition in the rail industry.

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