Golden State Today

California Attorney General Rob Bonta has reaffirmed his support for the reinstatement of Gwynne Wilcox to the National Labor Relations Board (NLRB). Bonta, together with 21 other attorneys general, filed an amicus brief opposing former President Donald Trump's attempt to remove Wilcox from her position. The removal would reduce the NLRB's membership below its quorum requirement, effectively halting its operations.

Previously, on February 28, Bonta and a coalition of attorneys general submitted an initial amicus brief in the case of Wilcox v. Trump. This action supported Wilcox's challenge against her dismissal by Trump. The U.S. District Court for the District of Columbia recently ruled that Wilcox should remain a full member of the NLRB, labeling her removal as "blatantly illegal." However, the Trump administration has requested a stay on this ruling while it seeks an appeal.

In their latest brief, Bonta and his colleagues urged the United States Court of Appeals for the District of Columbia Circuit to reject this request for a stay. They argue that allowing Wilcox's dismissal could destabilize federal labor law and undermine worker protections.

"Gwynne Wilcox’s purported removal from NLRB was unlawful, period," stated Attorney General Bonta. He emphasized that workers rely on the NLRB to protect their rights and ensure fair labor practices. Bonta pledged continued commitment to uphold the law and enable both Member Wilcox and the NLRB to continue their work protecting workers nationwide.

The NLRB is tasked with enforcing U.S. labor laws related to workers' rights and union representation. It oversees union elections and addresses unfair labor practice charges against employers and unions. Board members are appointed by the President but do not serve at their pleasure; they can only be removed for neglect or malfeasance following due process.

President Trump's attempt to dismiss Gwynne Wilcox in January was unprecedented in NLRB history. As the first Black woman on the board, she was scheduled to serve until August 2028.

The amicus brief argues that Trump's actions violated labor laws by removing a board member without cause. Without a functioning board quorum, essential functions like rule issuance and adjudication cannot proceed, potentially harming workers who depend on these protections.

Attorney General Bonta is joined by attorneys general from Arizona, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island Vermont Washington Wisconsin

A copy of the brief is available online.