Carson City, NV — Attorney General Aaron D. Ford has joined a coalition of 20 attorneys general in filing an amicus brief in the case of Wilcox v. Trump. The brief was submitted to the U.S. District Court for the District of Columbia in support of Gwynne Wilcox, a member of the National Labor Relations Board (NLRB), who is challenging her dismissal by President Donald Trump.
On January 27, President Trump attempted to remove Wilcox from her position on the NLRB during her five-year term, leaving only two members on the board. This action has rendered the NLRB unable to function due to a lack of quorum, as at least three members are required for decision-making. The coalition argues that maintaining a functional NLRB is crucial for enforcing labor laws nationwide and urges the court to reinstate Wilcox so she can continue her duties.
“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.”
The National Labor Relations Act (NLRA), signed into law by President Roosevelt in 1935, protects American workers’ rights to unionize and engage in collective bargaining without retaliation. The act established the NLRB as an independent federal agency responsible for enforcing these rights.
The states involved in this legal action emphasize that Supreme Court precedent grants broad authority to the NLRB over labor relations conduct, preempting state regulation. They argue that without a functioning NLRB, there is a regulatory vacuum detrimental to workers across America.
Currently, Nevada faces 1,169 pending cases related to unfair labor practices, more than 43 other states combined.
The amici states highlight that unions contribute significantly to economic stability and higher wages for both union and non-union employees alike. They urge expedited summary judgment in favor of Wilcox’s reinstatement.
This effort is led by Minnesota Attorney General Keith Ellison and includes attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Washington D.C., Hawaii, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Wisconsin.
A copy of the amicus brief is available for review.
