Golden State Today

California Attorney General Bonta, in conjunction with 23 other attorneys general, has submitted an amicus brief to bolster support for Gwynne Wilcox. Wilcox is appealing against President Donald Trump’s alleged unlawful attempt to dismiss her from her position as a Member of the National Labor Relations Board (NLRB). The brief was filed in the United States Court of Appeals for the District of Columbia Circuit, with the attorneys general urging the court to uphold the previous summary judgment that obstructed the President from removing Wilcox.

Attorney General Bonta and a coalition of 20 attorneys general had initially filed an amicus brief on February 28 in the case of Wilcox v. Trump. This was in response to Gwynne Wilcox contesting her dismissal from the NLRB by the President. Subsequently, the United States District Court for the District of Columbia pronounced that Wilcox ought to continue as a full member of the NLRB, deeming the President’s action “blatantly illegal.” Despite the Trump administration’s appeal and request for a stay to halt the ruling, the federal appeals court denied this request. The latest brief supports Wilcox’s appeal on its merits.

“Time and again, we are seeing the President’s continuous attempt to trample on workers’ rights,” commented Attorney General Bonta. “My fellow attorneys general and I remain unwavering in our commitment to stand against the President’s unlawful removal of Member Wilcox from NLRB.”

The NLRB is an independent federal body responsible for enforcing U.S. labor laws concerning workers’ rights, union representation, and collective bargaining. It facilitates union elections, enabling employees to decide on union representation freely and examines unfair labor practice accusations against both employers and unions. To shield the NLRB from Presidential influence, board members are appointed by the President, confirmed by Congress for staggered terms, and can be removed only for neglect of duty or malfeasance as per federal law.

The amicus brief advocates for maintaining the summary judgment by the Court of Appeals, preventing the President from dismissing Wilcox. The attorneys general highlight that the President’s actions violated the NLRA. They argue that an incapacitated NLRB would have detrimental ramifications on American workers’ rights to unionize and engage in collective bargaining, protections established for decades.

Joining Attorney General Bonta in this legal action are the attorneys general of Arizona, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.

A copy of the brief is available for public access.