Golden State Today

California Attorney General Rob Bonta, alongside a coalition of 20 attorneys general, has filed an amicus brief in the case of Wilcox v. Trump. The brief supports Gwynne Wilcox, who is contesting her removal from the National Labor Relations Board (NLRB) by President Donald Trump. According to the brief, this action undermines federal agency independence and exceeds presidential authority.

The removal of Wilcox allegedly violated the National Labor Relations Act (NLRA), reducing the number of board members to two and disrupting the quorum necessary for NLRB operations. The attorneys general argue that a functional NLRB is essential for enforcing labor laws nationwide and urge the U.S. District Court for the District of Columbia to allow Wilcox to resume her duties.

Attorney General Bonta stated, “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.”

The NLRB enforces U.S. labor laws concerning workers' rights and union activities. It oversees union elections and investigates unfair labor practice charges against employers and unions. Federal law mandates 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, President Trump reportedly dismissed Gwynne Wilcox without cause from her role as an NLRB member—a first in the agency's 90-year history. Wilcox was appointed as the first Black woman on the board and was expected to serve until August 2028.

The attorneys general contend that Trump's actions violated NLRA provisions and support Wilcox's challenge against her dismissal. With an inactive board, states face challenges filling regulatory gaps left by an incapacitated NLRB. This situation could harm workers if unresolved.

Attorney General Bonta is joined by his counterparts from Arizona, Colorado, Connecticut, Delaware, Washington D.C., Hawai’i, Illinois, Maryland, Massachusetts, Minnesota, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Wisconsin in filing this brief.

A copy of the brief is available online.