New York Attorney General Letitia James, along with a coalition of 19 other attorneys general, has taken legal action to challenge the dismissal of National Labor Relations Board (NLRB) member Gwynne Wilcox by President Trump. The group filed an amicus brief in the case of Wilcox v. Trump, arguing that her removal is unlawful and undermines labor law enforcement nationwide.
The dismissal occurred on January 27, 2025, during the middle of Wilcox's five-year term, leaving only two members on the five-member NLRB. As a quorum of at least three members is required for the board to function, its operations have been effectively halted.
Attorney General James emphasized the significance of a functioning NLRB for enforcing federal labor laws across the country. "For nearly a century, the National Labor Relations Board has ensured that workers have a voice in their workplaces and that collective bargaining rights are protected," she stated. "By unlawfully dismissing Gwynne Wilcox, a duly appointed NLRB member, the President has incapacitated this critical entity."
The National Labor Relations Act (NLRA), established in 1935 by President Roosevelt, guarantees workers' rights to unionize and engage in collective bargaining activities. The NLRB was created as an independent agency to enforce these rights. The coalition argues that without Wilcox and with no quorum at the NLRB, labor protections under the NLRA are nullified.
In their brief, the attorneys general highlight how companies have already started exploiting this situation. Whole Foods recently claimed that due to lack of quorum at the NLRB, a Regional Director had no authority to certify union election results at one of its stores.
The coalition points out that Supreme Court precedent grants broad authority to the NLRB over labor relations conduct, preempting state-level regulation for covered workers. With an incapacitated NLRB unable to perform its duties, states cannot fill this regulatory void.
Attorney General James and her colleagues argue that removing Wilcox not only leaves American workers without enforcement of their NLRA-guaranteed rights but also threatens economic benefits unions bring. They note union employees generally earn higher wages and receive better benefits than non-union employees.
Given these circumstances, Attorney General James and her coalition urge the court to grant expedited summary judgment in favor of reinstating Wilcox on the NLRB.
Joining Attorney General James are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon Rhode Island Vermont Wisconsin and Washington D.C.