Attorney General Bonta Files Amicus Brief in Support of Lawsuit Challenging Unlawful Removal of Gwynne Wilcox from the National Labor Relations Board

OAKLAND — California Attorney General Rob Bonta, as part of a coalition of 20 attorneys general, announced the filing of an amicus brief in Wilcox v. Trump in support of Gwynne Wilcox, who is challenging President Donald Trump over her unlawful removal from the National Labor Relations Board (NLRB). The brief underscores that this removal undermines the independence of federal agencies and exceeds presidential authority. President Trump's removal of Member Wilcox not only violated the National Labor Relations Act (NLRA) but also reduced the number of Board members to two, destroying the quorum necessary for the Board to operate and ensure the enforcement of labor laws and protection of workers’ rights. In the amicus brief, the attorneys general argue that a functioning NLRB is necessary for the enforcement of labor laws across the United States and urge the U.S. District Court for the District of Columbia to allow Wilcox to continue performing her responsibilities as an NLRB member.
 
“Workers across the country rely on the NLRB to protect their rights by preventing unfair labor practices and safeguarding their ability to unionize. However, Member Wilcox’s unlawful removal jeopardizes these rights, as NLRB is currently inoperable—leaving the field open for bad actor employers to violate the law and trample on workers’ rights,” said Attorney General Bonta. “That’s why I’m standing with my fellow attorneys general to support Gwynne Wilcox’s motion for expedited summary judgment to allow her to continue performing her responsibilities as an NLRB member.”

 
The NLRB is an independent federal agency that enforces U.S. labor laws related to workers’ rights, union representation, and collective bargaining. It oversees union elections, ensuring that employees can freely choose whether to be represented by a union. The Board also investigates and resolves unfair labor practice charges against employers and unions, addressing issues like retaliation, unlawful firings, and refusal to bargain in good faith. The NLRB also adjudicates disputes under the NLRA and issues rulings that shape labor law policies. To protect the NLRB from political pressure by the President, NLRB board members are appointed by the President and confirmed by Congress for staggered 5-year terms. Board members do not serve at the pleasure of the President. Federal law provides that Board members can only be removed by the President “upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.”  
 
Last month, the President purported to dismiss Gwynne Wilcox from her position as a member of the NLRB without cause, an action unprecedented in the agency’s 90-year history. Wilcox, the first Black woman to serve on the NLRB, was set to conclude her tenure in August 2028.
 
In the amicus brief, the attorneys general argue that the President violated the NLRA and support Wilcox's challenge of her purported removal from the Board. With the Board currently inactive, NLRB cannot issue rules or adjudicate unfair labor practices, which creates a regulatory gap that states will have difficulty filling. This vacuum would harm workers everywhere if NLRA's inactivity continues. In the brief, the attorneys general highlight that by removing Wilcox and incapacitating the NLRB, the Trump Administration has left American workers without the entity authorized to ensure the guaranteed ability to join a union and engage in collective bargaining, protections which workers have relied on for decades. This regulatory vacuum is deeply troubling given the importance and scale of the work done by the NLRB. In the past decade, the NLRB reviewed nearly 3,000 allegations of unfair labor practices.

Attorney General Bonta joins the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Maryland, Massachusetts, Minnesota, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, And Wisconsin in filing this amicus brief.

A copy of the brief can be found here.