California Attorney General Rob Bonta, alongside a coalition of 20 attorneys general, has filed an amicus brief in the case of Wilcox v. Trump. The brief supports Gwynne Wilcox's challenge against President Donald Trump's decision to remove her from the National Labor Relations Board (NLRB). This removal is argued to undermine federal agency independence and exceed presidential authority.
The attorneys general assert that Wilcox's removal violates the National Labor Relations Act (NLRA) and reduces the NLRB members below the necessary quorum for operation. They emphasize that a functioning NLRB is crucial for enforcing labor laws nationwide and urge the U.S. District Court for the District of Columbia to allow Wilcox to resume her duties.
Attorney General Bonta stated, “Workers across the country rely on the NLRB to protect their rights by preventing unfair labor practices and safeguarding their ability to unionize. However, Member Wilcox’s unlawful removal jeopardizes these rights, as NLRB is currently inoperable—leaving the field open for bad actor employers to violate the law and trample on workers’ rights.”
The NLRB enforces U.S. labor laws related to workers' rights and oversees union elections while addressing unfair labor practice charges. Its board members are appointed by the President but cannot be removed without cause following notice and hearing.
President Trump's dismissal of Gwynne Wilcox last month marked an unprecedented action in NLRB's history. Wilcox was scheduled to serve until August 2028 as its first Black woman member.
The amicus brief argues that this dismissal violates NLRA provisions, leaving American workers without essential protections offered by a fully operational NLRB. The absence of a functional board creates a regulatory gap difficult for states to fill.
Attorney General Bonta is joined by attorneys general from Arizona, Colorado, Connecticut, Delaware, Washington D.C., Hawai’i, Illinois, Maryland, Massachusetts, Minnesota, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Wisconsin in this legal effort.
A copy of the brief is available online.