Coalition files amicus brief supporting reinstatement of National Labor Relations Board member

 

Coalition files amicus brief supporting reinstatement of National Labor Relations Board member
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Attorney General Aaron D. Ford | Nevada Attorney General Office

Carson City, NV — Attorney General Aaron D. Ford has aligned with a coalition of 20 attorneys general to file an amicus brief in the case of Wilcox v. Trump. This action, submitted to the U.S. District Court for the District of Columbia, supports Gwynne Wilcox, a member of the National Labor Relations Board (NLRB), who is contesting her dismissal by President Donald Trump.

The dispute began on January 27 when President Trump reportedly dismissed Wilcox during her five-year term, reducing the NLRB's members to two. The board requires at least three members to function effectively. The coalition argues that without a functioning NLRB, enforcement of labor laws nationwide is hindered and seeks judicial intervention to reinstate Wilcox.

"The NLRB does incredibly important work to ensure the middle-class workers that make up the bulk of our economy are not abused or taken advantage of,” said AG Ford. “Ms. Wilcox must be allowed to keep her seat on the board in order for these protections to continue and to ensure Nevadans have recourse if they are victimized by those who would break labor laws.”

Established in 1935 under President Roosevelt’s National Labor Relations Act (NLRA), the NLRB safeguards workers' rights including union membership and collective bargaining while protecting against retaliation for union activities.

The states’ brief highlights Supreme Court precedent affirming NLRB's authority over labor relations conduct which preempts state regulation in this area. It contends that removing Wilcox creates a regulatory void detrimental to American workers' rights and collective bargaining abilities—a system relied upon for decades.

In Nevada alone, there are currently 1,169 cases involving alleged unfair labor practices pending—more than in 43 other states combined.

The amici states stress that unions provide economic benefits like higher wages and better benefits compared to non-union jobs, influencing overall wage increases even among non-union employees.

For these reasons, they urge expedited summary judgment allowing Wilcox to resume her duties with the NLRB.

This legal brief is led by Minnesota Attorney General Keith Ellison and includes support from attorneys general across Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Wisconsin.

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