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Massachusetts AG joins lawsuit supporting reinstatement of National Labor Relations Board member

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Thursday, March 6, 2025

Massachusetts AG joins lawsuit supporting reinstatement of National Labor Relations Board member

State AG
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Massachusetts Attorney General Andrea Joy Campbell | Twitter Website

The Massachusetts Attorney General's Office (AGO) has joined a coalition of 20 attorneys general in an amicus brief filed in the U.S. District Court for the District of Columbia. This action supports Gwynne Wilcox, a member of the National Labor Relations Board (NLRB), in her lawsuit against President Donald Trump.

President Trump reportedly dismissed Wilcox on January 27, 2025, during her five-year appointment term. Her removal left only two members on the five-member NLRB, preventing it from functioning due to lack of quorum. The coalition argues that maintaining a functioning NLRB is crucial for enforcing labor laws nationwide and requests the court to allow Wilcox to continue her duties.

The National Labor Relations Act (NLRA), signed by President Roosevelt in 1935, established workers' rights to unionize and created the NLRB to enforce these rights. The coalition states that Supreme Court precedent grants the NLRB broad authority over labor relations and preempts state regulation. They argue that Wilcox's dismissal undermines worker protections provided by the NLRB.

Highlighting its importance, the brief notes that the NLRB reviewed nearly 3,000 allegations of unfair labor practices in the past decade, with over 491 cases currently pending in Massachusetts alone. The amici states emphasize that union employees earn higher wages and better benefits than non-union counterparts, benefiting even non-union workers.

The states urge expedited summary judgment to reinstate Wilcox on the board. This aligns with AG Campbell's commitment to workers' rights as outlined in her strategic plan and recent Labor Day Report.

Workers believing their rights have been violated are encouraged to contact AGO’s Fair Labor Division or use available resources for more information on employment laws.

Joining Massachusetts Attorney General Andrea Joy Campbell are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawai’i, Illinois, Maryland, Michigan, Minnesota (led by Attorney General Keith Ellison), Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Wisconsin.

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