Minnesota Attorney General Keith Ellison and Illinois Attorney General Kwame Raoul have led a coalition of 23 attorneys general in filing an amicus brief in opposition to former President Donald Trump’s endeavor to remove Gwynne Wilcox from the National Labor Relations Board (NLRB). Wilcox, challenging this removal, filed the case Wilcox v. Trump to dispute Trump's decision to dismiss her midway through her five-year term. The dismissals without cause are seen as a violation of the federal statute, which mandates that the board members can only be removed for specific reasons such as misconduct.
Wilcox's case saw a federal district judge ruling Trump's attempt as unlawful. However, the Trump administration has appealed the ruling. In response, Ellison and his coalition are urging the court to affirm the district court's decision, emphasizing that Trump's action could destabilize federal labor law by reducing the NLRB below its required quorum.
Attorney General Ellison stated, "If Trump succeeds in his attempt to incapacitate the NLRB, working people everywhere will suffer. The NLRB is the cop on the beat defending a worker’s right to form a union, bargain for better wages and working conditions, and do things like strike or picket. These rights are essential to ensuring working people have a seat at the table and a share in the prosperity they help to create each and every day. Trump’s attack on the NLRB is nothing short of an attack on workers everywhere. I urge the court not to allow Donald Trump’s unlawful firing of Gwynne Wilcox to stand."
The NLRB, which enforces the National Labor Relations Act (NLRA), ensures workers' rights to unionize, engage in strikes, and negotiate for better conditions. Attorneys general contend that removing Wilcox would deprive the board of its ability to act effectively, potentially leaving workers unprotected. The brief stresses the role of labor unions in providing significant benefits, such as higher wages and better benefits than non-union workers, that extend to non-union employees as well.
The attorneys general argue that the unlawful removal of NLRB members undermines the board's role as a nonpartisan body. They note that the statute preventing such removals is consistent with U.S. Supreme Court precedent, and courts should compel compliance with federal regulations.
The coalition supporting the brief includes attorneys general from multiple states, reaffirming their stance on maintaining the NLRB's operational integrity.