Great Lakes Wire

Michigan Attorney General Dana Nessel has joined a coalition of 20 attorneys general in filing an amicus brief in the case of Wilcox v. Trump, currently before 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, which is said to be against the terms outlined in the National Labor Relations Act (NLRA). This action left only two members on the five-member board, rendering it unable to function due to a lack of quorum. The attorneys general argue that a functioning NLRB is essential for enforcing labor laws nationwide and have urged the court to allow Wilcox to continue her duties.

"The National Labor Relations Board plays a crucial role in protecting workers’ rights and ensuring fair labor practices," stated Nessel. "Without a quorum, this essential work is stalled, making it imperative that Gwynne Wilcox remains a board member."

The NLRA was enacted in 1935 under President Franklin D. Roosevelt to protect American workers' rights to unionize and engage in collective bargaining without retaliation. It also established the NLRB as an independent federal agency responsible for enforcing these rights.

The amici states highlight that Supreme Court precedent grants broad authority to the NLRB over labor relations conduct, preempting state regulation. They argue that Wilcox's removal creates a regulatory vacuum harmful to workers nationwide by incapacitating the NLRB's ability to enforce labor protections.

The brief points out that unions provide economic benefits such as higher wages and better benefits for employees compared to non-union counterparts. It also notes that increased private-sector union membership often leads to wage increases for non-union workers.

The coalition urges expedited summary judgment in favor of Wilcox, seeking her reinstatement on the board. Minnesota Attorney General Keith Ellison leads this effort alongside attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Washington D.C., Hawai’i, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Wisconsin.