California Attorney General Rob Bonta is maintaining his support for the reinstatement of Gwynne Wilcox to the National Labor Relations Board (NLRB), following her removal by former President Donald Trump. In a move backed by 21 attorneys general, Bonta has filed an amicus brief opposing Trump's attempt to remove Wilcox, asserting that such an action would leave the NLRB unable to function due to a lack of quorum.
On February 28, Bonta and a coalition of 20 attorneys general submitted their first amicus brief in the case of Wilcox v. Trump, contesting the legality of her dismissal. A recent ruling by the United States District Court for the District of Columbia found Wilcox's removal "blatantly illegal" and ordered her reinstatement. However, the Trump administration is seeking a stay on this decision while it appeals.
The attorneys general are urging the United States Court of Appeals for the District of Columbia Circuit to deny this request for a stay. They argue that removing Wilcox would destabilize federal labor law and undermine worker protections.
“Gwynne Wilcox’s purported removal from NLRB was unlawful, period,” stated Attorney General Bonta. “Workers across the country rely on the NLRB to protect their rights by preventing unfair labor practices and safeguarding their ability to unionize."
The NLRB plays a crucial role in enforcing U.S. labor laws related to workers' rights and union representation. It investigates unfair labor practices and oversees union elections. The board members are appointed by the President but confirmed by Congress for staggered terms and can only be removed under specific conditions outlined by federal law.
President Trump's attempt in January to dismiss Wilcox without cause marks an unprecedented action in the agency's history. As she was set to serve until August 2028, her removal could potentially halt NLRB operations if not reversed.
In their brief, the attorneys general emphasize that disrupting NLRB functions would harm American workers who depend on its rulings for fair labor practices. They stress that nearly 3,000 allegations of unfair labor practices have been reviewed by the board over the past decade.
Attorney General Bonta's efforts are supported by counterparts from states including Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont Washington and Wisconsin.
A copy of their brief is available for public access.