Chicago – Attorney General Kwame Raoul and Minnesota Attorney General Keith Ellison led a coalition of 21 attorneys general today in filing an amicus brief in continued opposition to President Donald Trump’s unlawful attempt to remove Gwynne Wilcox, a member of the National Labor Relations Board (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.
Last week, a federal judge ruled in Wilcox v. Trump, that Trump’s attempt to fire Wilcox was illegal and ordered that she remain on the board. The Trump administration has asked for a stay to stop the ruling from going into effect while it seeks an appeal, effectively allowing her firing to take effect. In their brief, Raoul and attorneys general urge the court 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.
“I am urging the court to let last week’s ruling go into effect and allow the NLRB to do its job,” Raoul said. “Granting a stay would hinder the NLRB’s ability to administer the National Labor Relations Act. This would harm workers and employers alike. I will continue to stand with my fellow attorneys general in defending the board and protecting American workers and states’ economies.”
The NLRB is the federal agency responsible for administering the National Labor Relations Act (NLRA), which guarantees American workers the right to unionize, bargain for better wages and working conditions, and engage in activities like strikes and pickets. Under the law, the NLRB adjudicates labor disputes and certifies the results of union elections. The board is also responsible for administering the NLRA uniformly across the country.
On Jan. 27, 2025, President Trump attempted to dismiss Wilcox from the NLRB in the middle of her five-year term. According to federal law, board members can be removed from office only for specific reasons, such as misconduct.
The brief Raoul and the coalition filed explains that pausing the NLRB’s operations would seriously harm the public, which relies on the board’s administration of the NLRA. Collective bargaining helps workers obtain better wages, benefits and working conditions. Those benefits extend to workers in non-union jobs, too, because employers compete for workers with better wages and job protections. The NLRA also benefits employers and the broader economy by stabilizing labor-management relations and decreasing inequality.
Today’s brief is part of Raoul’s efforts to protect workers’ rights and preserve the NLRB against the Trump administration’s attack on it. On March 5, Raoul led a coalition of attorneys general in filing an amicus brief opposing a challenge to the constitutionality of NLRB’s structure and administrative proceedings. On Feb. 28, Raoul filed a brief in the district court in this same case supporting Wilcox’s challenge to President Trump’s unlawful attempt to remove her.
Joining Attorneys General Raoul and Ellison in filing the brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin.
