Golden State Today

The U.S. District Court for the District of Columbia has ruled in favor of Gwynne Wilcox, declaring that her dismissal from the National Labor Relations Board (NLRB) by former President Donald Trump was unlawful. The court's decision in Wilcox v. Trump affirms that Wilcox remains a full member of the NLRB and highlights that her removal was without cause and exceeded presidential authority.

California Attorney General Bonta, along with a coalition of 20 attorneys general, supported Wilcox through an amicus brief, arguing that the dismissal threatened the independence of federal agencies. The court stated: "in the ninety years since the NLRB’s founding, the President has never removed a member of the board. His attempt to do so here is blatantly illegal, and his constitutional arguments to excuse this illegal act are contrary to Supreme Court precedent and over a century of practice."

Attorney General Bonta remarked on the ruling: “The Court rightfully held that the President’s attempt to dismiss NLRB Member Wilcox without cause was both illegal and void. No one is above the law – not even the President.” He emphasized that maintaining a functional NLRB is essential for protecting workers' rights across America.

Wilcox's purported dismissal occurred on January 27, 2025, during her five-year appointment term. This action left only two members on the five-member board, effectively incapacitating it due to lack of quorum. The amici states stressed that a functioning NLRB is crucial for enforcing labor laws nationwide.

The court confirmed that while presidents appoint NLRB members, they can only be dismissed for neglect or malfeasance. In this case, Wilcox's removal was deemed politically motivated rather than based on any wrongdoing. The court further noted: “as an entity entrusted with making impartial decisions about sensitive labor disputes, the NLRB’s character and perception as neutral and expert-driven is damaged by plaintiff’s unlawful removal.”

In their brief, Attorney General Bonta joined colleagues from Minnesota, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island Vermont and Wisconsin in defending the NLRB's independence as vital for stable labor relations.