Attorney General Josh Kaul has joined a coalition of 22 attorneys general in filing an amicus brief to oppose a legal challenge that could limit the National Labor Relations Board's (NLRB) ability to protect workers' rights. The brief was filed with the U.S. Court of Appeals for the 6th Circuit in the case Yapp USA Automotive Systems Inc. v. National Labor Relations Board.
YAPP USA Automotive Systems Inc. has initiated a lawsuit aiming to prevent the NLRB from addressing allegations of unfair labor practices, arguing that the board’s structure and administrative processes are unconstitutional. The coalition, including Attorney General Kaul, is urging the court to deny YAPP's request for an injunction that would hinder the NLRB's capacity to uphold workers' rights to collective bargaining.
"The NLRB is critical to safeguarding workers from violations of labor laws," stated AG Kaul. "This attempt to dramatically disrupt the NLRB’s work should be rejected."
The NLRB administers the National Labor Relations Act (NLRA), which ensures American workers can unionize and bargain collectively for improved wages and conditions. The board also resolves labor disputes and certifies union election results nationwide.
YAPP argues that removal protections for board members and administrative law judges are unconstitutional, suggesting these protections prevent proper proceedings by the NLRB. The Trump administration has not defended these constitutional removal protections.
Kaul's brief contends that these protections are constitutional and warns against pausing NLRB operations, emphasizing potential harm to public reliance on NLRA administration. Collective bargaining benefits include better wages and conditions for workers, even benefiting nonmembers through wage competition.
In addition to this effort, on February 28, Kaul supported a challenge against President Trump's attempt to remove NLRB member Gwynne Wilcox during her term. He urged support for Wilcox’s motion for summary judgment in her favor before the U.S. District Court for the District of Columbia.
Attorneys general from Arizona, California, Colorado, Connecticut, Delaware, D.C., Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island Vermont and Washington joined Kaul in submitting this brief.