Golden State Today

California Attorney General Rob Bonta has joined a coalition of 22 attorneys general in filing an amicus brief in the case of YAPP USA Automotive Systems Inc. v. National Labor Relations Board (NLRB). The legal challenge, if successful, could significantly restrict the NLRB's capacity to protect American workers' rights to unionize. YAPP's lawsuit seeks to prevent the NLRB from addressing allegations of unfair labor practices, arguing that the NLRB’s structure and administrative proceedings are unconstitutional.

Attorney General Bonta stated, “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.” He emphasized his support for denying YAPP's request for an injunction against the NLRB.

The NLRB is tasked with administering the National Labor Relations Act (NLRA), which ensures workers can unionize and engage in activities such as strikes. It investigates labor law violations and certifies union election results. To shield it from political influence, board members are appointed by the President and confirmed by Congress for staggered five-year terms. They can only be removed by the President under specific conditions.

YAPP argues that these removal protections are unconstitutional and wants to halt NLRB proceedings while they remain effective. The Trump administration has chosen not to defend these protections' constitutionality.

In their brief, the attorneys general argue that removal protections are constitutional and assert that halting NLRB operations would harm public reliance on its functions under the NLRA. They highlight collective bargaining's role in improving wages and working conditions and its broader economic benefits.

Attorney General Bonta recently supported a challenge against President Trump's attempt to remove NLRB member Gwynne Wilcox during her term. Alongside other attorneys general, he urged a court to allow Wilcox to continue her duties.

Joining Bonta in submitting this brief are attorneys general from 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.

A copy of the brief is available online.