Attorney General Kwame Raoul has spearheaded a coalition of 22 attorneys general to submit an amicus brief opposing a legal challenge that could restrict the National Labor Relations Board's (NLRB) ability to protect workers' rights to unionize. The brief was filed with the U.S. Court of Appeals for the 6th Circuit concerning the case YAPP USA Automotive Systems Inc. v. National Labor Relations Board.
The lawsuit by YAPP USA Automotive Systems Inc. challenges the NLRB’s structure and proceedings, claiming they are unconstitutional. Raoul and his coalition urge the court to reject YAPP’s injunction request, which would hinder the NLRB from protecting workers’ collective bargaining rights.
Raoul stated, "I am urging the court not to paralyze the National Labor Relations Board, which ensures that employers comply with federal laws that protect the rights of workers in Illinois and across the country." He emphasized that weakening the NLRB could lower wages and increase inequality and job insecurity.
The NLRB is tasked with administering the National Labor Relations Act (NLRA), ensuring American workers can unionize, negotiate better wages, and engage in strikes or pickets. It also resolves labor disputes and certifies union election results uniformly nationwide.
YAPP's lawsuit argues against removal protections for board members and administrative law judges, labeling them unconstitutional. These protections allow removal only for specific reasons like inefficiency. The Trump administration chose not to defend these protections' constitutionality.
Raoul’s brief contends that these protections are constitutional and stresses that halting NLRB operations would harm public reliance on its NLRA administration. Collective bargaining benefits include improved wages and working conditions, even for non-union members, by fostering competitive wage markets.
This brief aligns with Raoul’s ongoing efforts to uphold workers' rights and support the NLRB. Previously, on February 28, Raoul supported a challenge against President Trump’s attempt to remove NLRB member Gwynne Wilcox during her term.
Alongside Raoul in this initiative are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Washington D.C., Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington State and Wisconsin.