Attorney General Kwame Raoul, along with a coalition of 20 attorneys general, has filed an amicus brief supporting a challenge to former President Donald Trump's attempt to remove National Labor Relations Board (NLRB) member Gwynne Wilcox. The brief, submitted in the case of Wilcox v. Trump, argues that this action could undermine worker protections and destabilize federal labor law.
"The National Labor Relations Board helps to ensure that workers in Illinois and across the country are afforded the rights they are entitled to under federal law," said Raoul. "Removing the board’s ability to function creates a regulatory vacuum that would undermine workers’ rights and prevent the NLRB from ensuring stable labor relations."
The NLRB enforces the National Labor Relations Act (NLRA), which guarantees American workers' rights to unionize and bargain collectively. It investigates labor law violations, adjudicates disputes, and certifies union election results.
On January 27, 2025, Trump attempted to dismiss Wilcox during her five-year term without meeting the statutory requirements for removal. This action would leave only two members on the five-member board, below the quorum needed for it to function.
Raoul and his colleagues argue that this dismissal could harm labor unions and non-union employees alike by weakening protections under federal law. They emphasize that allowing arbitrary removals would compromise the NLRB's role as an expert panel developing consistent labor laws.
The coalition is asking the court for expedited summary judgment in favor of Wilcox, allowing her to continue her duties on the board.
Joining Raoul in this legal effort are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island Vermont and Wisconsin.