Attorney General Anthony G. Brown has taken action to ensure that the National Labor Relations Board (NLRB) remains operational and continues to protect workers’ rights. Brown joined a coalition of 20 attorneys general in filing an amicus brief in the lawsuit Wilcox v. Trump in the U.S. District Court for the District of Columbia. The coalition is supporting Gwynne Wilcox, an NLRB member who was abruptly dismissed by President Trump on January 27, 2025, during the middle of her five-year term.
The dismissal left the NLRB with only two active members, rendering the agency incapable of functioning as it requires a quorum of at least three members to operate. Without a full board, the NLRB cannot investigate labor disputes, adjudicate unfair labor practices, or conduct union elections. In their brief, the attorneys general argue that the unlawful removal of Wilcox has significantly crippled the board’s ability to enforce labor laws and protect workers nationwide.
“The president’s unlawful actions have paralyzed the agency responsible for protecting workers’ rights,” said Maryland Attorney General Brown. “I will always stand up for unions and their critical role in ensuring fair and safe workplaces. Workers across America rely on the NLRB to safeguard their rights to organize and bargain collectively. The unlawful dismissal of a sitting board member undermines that protection.”
“The National Labor Relations Board plays a crucial role in protecting workers’ rights and ensuring fair labor practices,” Michigan Attorney General Dana Nessel said. “Without a quorum, this essential work is stalled, making it imperative that Gwynne Wilcox remains a board member.”
“The National Labor Relations Board helps to ensure that workers in Illinois and across the country are afforded the rights they are entitled to under federal law,” Illinois Attorney General Kwame Raoul said. “Removing the board’s ability to function creates a regulatory vacuum that would undermine workers’ rights and prevent the NLRB from ensuring stable labor relations. I stand with my fellow attorneys general in asking the court to allow this independent body to continue its crucial work.”
“For nearly a century, the National Labor Relations Board has ensured that workers have a voice in their workplaces, and that collective bargaining rights are protected,” said New York Attorney General James. “By unlawfully dismissing Gwynne Wilcox, a duly appointed NLRB member, the President has incapacitated this critical entity, threatening the enforcement of labor laws across the nation. We will not stand idly by while the administration dismantles critical labor protections and leaves workers vulnerable to injustice and abuse. The court must move swiftly to reinstate Gwynne Wilcox to the NLRB to ensure the board can get back to its critical role protecting American workers.”
The NLRB, established under the National Labor Relations Act (NLRA) of 1935, is the federal agency tasked with ensuring that workers can form, join, or assist labor organizations and engage in protected activities, like strikes or picketing. The NLRA also prohibits employers from retaliating against employees for exercising these rights. For decades, the NLRB has been the key body for administering and enforcing these fundamental labor rights. The coalition of attorneys general argues that the Trump administration’s actions have left a regulatory vacuum that will harm American workers and undermine labor protections across the country.
In their legal brief, the coalition highlights how unions provide economic stability, higher wages, and better benefits for their members. Even non-union workers benefit when union membership increases, as this often raises wages and improves conditions for non-union employees. Without the NLRB’s ability to adjudicate labor disputes and oversee union elections, the states argue, labor relations would suffer, and workers would lose vital protections.
“Protecting Michigan workers is paramount,” said Michigan Attorney General Nessel. “Labor laws ensure those in the workforce are treated fairly and are provided with a voice in determining the terms and conditions of their current and future employment. This partnership with the National Labor Relations Board bolsters our ability to enforce those laws and protect our workforce.”
“This partnership marks a significant step in our joint efforts to ensure that Michigan employers follow the law and that workers understand their workplace rights,” said Region 7-Detroit Regional Director Elizabeth Kerwin. “This collaboration underscores our shared commitment to protecting Michiganders and ensuring workplace laws are enforced at the federal and state level.”
“This is a clear attack on workers’ rights and ensuring fair labor practices,” Oregon Attorney General Dan Rayfield said. “The disruption caused by this action not only harms employees, but it undermines the rule of law and how our democracy works.”
“This unlawful firing would effectively shut the NLRB down for a period of time, substantially undermining protections for workers’ rights,” said Wisconsin Attorney General Josh Kaul Kaul. “The court must stop this unlawful effort and protect the independence and basic functioning of the NLRB.”
“Allowing this situation to continue would have severe consequences for labor relations and the economic well-being of workers across America,” said Maryland Attorney General Brown. “The NLRB has been central to ensuring fairness in the workplace, and its continued operation is critical to workers’ ability to exercise their rights.”
Brown, joined by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Wisconsin, has called on the court to expedite the case and order that Wilcox be reinstated as an NLRB member so the board can continue to carry out its vital work.
The coalition is urging the court to grant Wilcox’s motion for expedited summary judgment, allowing her to resume her responsibilities on the board immediately. The case underscores the importance of maintaining a functioning NLRB to protect workers and uphold the labor rights that are critical to the nation’s workforce.
