Michigan Attorney General Dana Nessel has joined a coalition of 21 attorneys general in filing an amicus brief opposing President Donald Trump's attempt to remove Gwynne Wilcox from the National Labor Relations Board (NLRB). The dismissal would leave only two members on the five-member board, which requires at least three members to act.
In February, Nessel and other attorneys general filed a brief supporting Wilcox, who sued Trump after his removal attempt. A federal judge ruled in Wilcox v. Trump that Trump's action was illegal and ordered her reinstatement. Judge Beryl Howell stated that Trump "seems intent on pushing the bounds of his office and exercising his power in a manner violative of clear statutory law."
The Trump administration has requested a stay to delay the ruling while seeking an appeal, potentially allowing Wilcox's firing. Nessel and the coalition urge the court to deny this request, arguing it would undermine worker protections and destabilize federal labor law.
"Donald Trump and his administration have once again lost in court, yet they continue their unlawful attempt to stall the National Labor Relations Board’s vital work of protecting workers," said Nessel. "Granting a stay to obstruct this work would only set a dangerous precedent and must be denied."
The NLRB administers the National Labor Relations Act (NLRA), which protects American workers' rights to unionize and bargain for better conditions. The board also resolves labor disputes and certifies union election results.
Trump attempted to dismiss Wilcox on January 27, 2025, during her five-year term. Federal law allows board member removal only for specific reasons like misconduct.
The coalition's brief argues that halting NLRB operations would harm public reliance on NLRA administration. Collective bargaining aids workers by improving wages and conditions, benefiting even non-union employees as employers compete with better offers. The NLRA also stabilizes labor-management relations and reduces inequality.
Attorneys general from Arizona, California, Colorado, Connecticut, Delaware, D.C., Hawai'i, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin joined Nessel in this effort.