Attorney General Charity Clark has joined a coalition of 23 attorneys general in filing an amicus brief. This brief is in response to opposing President Donald Trump’s move to remove Gwynne Wilcox from the National Labor Relations Board (NLRB). Wilcox's dismissal would reduce the board to two members, rendering it unable to act due to a lack of quorum, which requires at least three members.
The case, named Wilcox v. Trump, challenges President Trump's attempt on January 27, 2025, to dismiss Wilcox during her five-year term, contrary to a federal statute which allows removal only for instances of misconduct. A federal district judge previously ruled Trump's dismissal effort unlawful, citing that Wilcox remains part of the NLRB. The Trump administration has since appealed the ruling. The filing attorneys general, in their brief, urge the court to uphold this decision and ensure Wilcox's position on the board is maintained. They argue that removing her would weaken worker protections and destabilize labor law federally. If Trump's action stands, it would prevent the NLRB from maintaining its quorum, hindering its congressional duties.
The NLRB's role is to enforce the National Labor Relations Act (NLRA), which provides workers the rights to unionize and negotiate employment conditions, among other activities. The board adjudicates labor conflicts and certifies union election outcomes, maintaining the NLRA's application nationwide.
Attorney General Clark and coalition members highlight the potential negative impacts of Wilcox's dismissal in their brief, submitted to the U.S. Court of Appeals for the D.C. Circuit. They note labor unions’ benefits to both unionized and non-unionized workers, emphasizing that these organizations depend on the NLRB’s administration of worker protections under the NLRA. Moreover, these provisions assist employers by reducing operational disruptions due to labor disputes. The coalition expresses concerns about federal preemption of state laws in this area and highlights the risks to workers if the NLRB cannot address labor issues due to lack of quorum.
The coalition further argues that giving the president unrestricted power to dismiss NLRB members undermines the agency’s integrity as a nonpartisan expert in labor law, developed through its members' expertise. Comparing this to constitutional stipulations and Supreme Court precedents, they maintain that the existing statute lawfully restricts the president's removal power, insisting that courts can enforce legal compliance by acknowledging Wilcox's membership on the board.
The attorneys general filing the brief alongside Clark represent Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Washington, and Wisconsin.