California Attorney General Rob Bonta has aligned with 21 other attorneys general to file an amicus brief in opposition to a legal challenge posed by YAPP USA Automotive Systems Inc. against the National Labor Relations Board (NLRB). The case, YAPP USA Automotive Systems Inc. v. National Labor Relations Board, questions the constitutionality of the NLRB's structure and administrative proceedings. If successful, it could significantly limit the NLRB's capacity to safeguard American workers' rights to unionize.
YAPP is seeking to halt the NLRB from addressing claims that it engaged in unfair labor practices prohibited by federal law. In response, the coalition of attorneys general urges the court to reject YAPP’s request for an injunction that would impede the NLRB’s role in protecting workers' rights to collectively bargain for better wages and working conditions.
"The right to organize and collectively bargain is a cornerstone of a thriving democracy, and the NLRB remains essential in defending these rights for all Americans," said Attorney General Bonta. "That’s why I’m standing with my fellow attorneys general in urging the Court to deny YAPP's request for an injunction."
The NLRB administers the National Labor Relations Act (NLRA), which ensures workers' rights to unionize and engage in collective bargaining activities. The agency investigates labor law violations, adjudicates disputes related to unfair labor practices, and certifies union election results.
To shield the NLRB from political influence, board members are appointed by the President but confirmed by Congress for staggered five-year terms. They can only be removed by the President under specific circumstances such as neglect of duty or malfeasance in office after due process. YAPP argues these protections are unconstitutional and seeks a court order preventing any proceedings while they remain effective. The Trump administration has not defended these removal protections' constitutionality.
The attorneys general argue that removal protections are constitutional and that halting NLRB operations would harm public reliance on its administration of NLRA benefits like improved wages and working conditions through collective bargaining.
Attorney General Bonta remains committed to safeguarding workers’ rights and supporting the NLRB. Recently, he filed a brief supporting a challenge against President Trump's attempt to remove NLRB member Gwynne Wilcox mid-term.
Joining Attorney General Bonta are his counterparts from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin.
A copy of the brief is available online.