Attorney General Anne Lopez, along with a coalition of 20 attorneys general, has filed an amicus brief in the case of Wilcox v. Trump at the U.S. District Court for the District of Columbia. The brief supports Gwynne Wilcox, a member of the National Labor Relations Board (NLRB), who is challenging her dismissal by President Donald Trump.
President Trump dismissed Wilcox on January 27, 2025, during her five-year term on the NLRB. This action left only two members on the five-member board, rendering it unable to function due to lack of quorum. The coalition argues that a functioning NLRB is crucial for enforcing labor laws across the United States and requests that the court allow Wilcox to resume her duties.
The National Labor Relations Act (NLRA) was enacted in 1935 under President Roosevelt. It guarantees American workers’ rights to unionize and protects them from retaliation related to union activities. The NLRB was established as an independent federal agency with authority over labor law enforcement and dispute adjudication.
The amici states emphasize that Supreme Court precedent grants the NLRB broad authority over labor relations conduct, preempting state regulation in this area. They argue that without an operational NLRB, there is a regulatory vacuum detrimental to workers nationwide. In recent years, the NLRB has handled nearly 3,000 unfair labor practice allegations, with 130 cases currently pending in Hawai‘i alone.
The filing also highlights that union employees generally earn higher wages and receive better benefits than non-union workers. Increased private-sector union membership can lead to wage increases even for non-union employees.
The coalition urges expedited summary judgment in favor of Wilcox and requests that she be allowed to continue her role at the NLRB.
Attorneys general from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island Vermont and Wisconsin joined Attorney General Lopez in submitting this brief.
