Attorney General Bonta: California Will Continue to Stand Against Trump’s Unlawful Removal of Gwynne Wilcox from the National Labor Relations Board

OAKLAND — California Attorney General Rob Bonta continues to support the U.S. District Court's decision to reinstate Gwynne Wilcox to the National Labor Relations Board (NLRB). Today, Attorney General Bonta, alongside 21 attorneys general, filed an amicus brief in continued opposition to President Donald Trump’s unlawful attempt to remove Gwynne Wilcox, a Member of the NLRB. Dismissing Wilcox would leave just two members remaining on the five-member board, which cannot act without a quorum of at least three members.

On February 28, Attorney General Bonta, as part of a coalition of 20 attorneys general, filed his first amicus brief in Wilcox v. Trump in support of Gwynne Wilcox, who challenged the President’s unlawful removal of her position as a Member of the NLRB. Last week, the United States District Court for the District of Columbia issued an order declaring that Member Wilcox should remain a full member of the NLRB and found the President’s action firing her to be “blatantly illegal.” The Trump administration has asked for a stay to stop the ruling from going into effect while it seeks an appeal, which would effectively allow her firing to take effect. In today’s brief, the attorneys general urge the United States Court of Appeals for the District of Columbia Circuit to deny the administration’s request for a stay. The coalition argues that if allowed to stand, the attempt to dismiss Wilcox would undermine protections for workers and destabilize federal labor law.

“Gwynne Wilcox’s purported removal from NLRB was unlawful, period,” said Attorney General Bonta. “Workers across the country rely on the NLRB to protect their rights by preventing unfair labor practices and safeguarding their ability to unionize. I, alongside my fellow attorneys general, will continue to be steadfast in our commitment to upholding the law and ensure that Member Wilcox and NLRB can continue their critical work to protect workers nationwide.”

The NLRB is an independent federal agency that enforces U.S. labor laws related to workers’ rights, union representation, and collective bargaining. It oversees union elections, ensuring that employees can freely choose whether to be represented by a union. The Board also investigates and resolves unfair labor practice charges against employers and unions, addressing issues like retaliation, unlawful firings, and refusal to bargain in good faith. The NLRB also adjudicates disputes under the NLRA and issues rulings that shape labor law policies. To protect the NLRB from political pressure by the President, NLRB board members are appointed by the President and confirmed by Congress for staggered 5-year terms. Board members do not serve at the pleasure of the President. Federal law provides 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.”  

In January, President Trump purported to dismiss Gwynne Wilcox from her position as a member of the NLRB without cause, an action unprecedented in the agency’s 90-year history. Wilcox, the first Black woman to serve on the NLRB, was set to conclude her tenure in August 2028.  

In the amicus brief, the attorneys general argue that the President violated the NLRA and support Wilcox's challenge of her unlawful removal from the Board. If the Board is not able to convene, it cannot issue rules or adjudicate unfair labor practices. This regulatory vacuum would harm workers everywhere if the NLRB's inactivity continues. In the brief, the attorneys general highlight that by removing Wilcox and incapacitating the NLRB, the Trump Administration will leave American workers without the entity authorized to ensure the guaranteed ability to join a union and engage in collective bargaining, protections which workers have relied on for decades. This regulatory vacuum is deeply troubling given the importance and scale of the work done by the NLRB. In the past decade, the NLRB reviewed nearly 3,000 allegations of unfair labor practices.

Attorney General Bonta joins the attorneys general of 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 and Wisconsin. 

A copy of the brief can be found here.