Attorney General Bonta Joins Coalition Defending the Integrity of the National Labor Relations Board

OAKLAND – California Attorney General Rob Bonta today joined a coalition of 22 attorneys general in filing an amicus brief opposing a legal challenge in YAPP USA Automotive Systems Inc. v. National Labor Relation Board that, if successful, would severely limit the National Labor Relations Board (NLRB)’s ability to carry out its responsibility of protecting American workers’ right to unionize. YAPP's lawsuit seeks to stop the NLRB from addressing allegations that YAPP engaged in unfair labor practices prohibited by federal law, arguing the NLRB’s structure and administrative proceedings are unconstitutional. In today’s amicus brief, the attorneys general are urging the court to deny YAPP’s request for an injunction, which would hamstring the NLRB’s ability to protect workers’ right to collectively bargain for better wages and improved working conditions.    

“The right to organize and collectively bargain is a cornerstone of a thriving democracy, and the NLRB remains essential in defending these rights for all Americans,” said Attorney General Bonta. “That’s why I’m standing with my fellow attorneys general in urging the Court to deny YAPP's request for an injunction. The Board must be allowed to fully carry out its duty to continue providing strong protections for millions of workers nationwide.” 

The NLRB is the federal agency responsible for administering the National Labor Relations Act (NLRA), which guarantees American workers the right to unionize, bargain for better wages and working conditions, and engage in activities like strikes and pickets. Under the law, the NLRB investigates violations of labor laws, adjudicates unfair labor practice disputes and certifies the results of union elections. The Board is also responsible for administering the NLRA uniformly across the country.

To protect the NLRB from political pressure by the President, NLRB board members are appointed by the President and confirmed by Congress for staggered five-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.” The agency’s administrative law judges have similar protections from arbitrary removal. In its lawsuit, YAPP's argues that these removal protections are unconstitutional and that the court should prevent the NLRB from conducting any proceedings while they remain in effect. The Trump administration has declined to defend the constitutionality of the removal protections. 

In today’s brief, the attorneys general explain the removal protections are constitutional, that YAPP's is not entitled to relief, and that pausing the NLRB’s operations would seriously harm the public that relies on the Board’s administration of the NLRA. Collective bargaining helps workers obtain better wages, benefits and working conditions. Unions also help nonmembers by creating competition for workers that boosts wages. The NLRA also benefits the broader economy by decreasing inequality and stabilizing labor-management relations. 

Attorney General Bonta remains steadfast in his commitment to protecting workers’ rights and preserving the NLRB. Just last week, the Attorney General filed a brief in support of a challenge to President Trump’s unlawful attempt to remove NLRB member Gwynne Wilcox in the middle of her five-year term. In the brief, the Attorney General, alongside a coalition of attorneys general, urged the U.S. District Court for the District of Columbia to grant Wilcox’s motion for summary judgement and to order the defendants in that case to allow her to continue performing her responsibilities as an NLRB member.

Attorney General Bonta joins the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin in submitting this brief. 

A copy of the brief can be found here.