Letitia James, NLRB Dismissal Challenge, New York NY, 2024

New York – In a bold legal move, New York Attorney General Letitia James and a coalition of 19 state attorneys general are taking President Trump to court over the unlawful dismissal of Gwynne Wilcox, a National Labor Relations Board (NLRB) member. The coalition argues that this action by the administration endangers the enforcement of labor laws nationwide.

Wilcox was purportedly dismissed from her five-year NLRB appointment by President Trump on January 27, 2025, leaving the board without a quorum and unable to act effectively. This has resulted in a stalemate that threatens workers’ rights and collective bargaining across the United States.

‘For nearly a century, the National Labor Relations Board has been a cornerstone of workers’ rights,’ said Attorney General James. ‘President Trump’s unlawful dismissal of Gwynne Wilcox undermines this critical institution, leaving American workers exposed to injustice and exploitation. We are calling on the court to reinstate her immediately to restore the NLRB’s integrity and ensure labor laws are enforced.’

The National Labor Relations Act (NLRA) was signed into law in 1935 by President Franklin D. Roosevelt, establishing the NLRB as an independent federal agency responsible for enforcing workers’ rights to organize and bargain collectively. The dismissal of Wilcox effectively nullifies these protections, according to the attorneys general.

In their amicus brief, the coalition emphasizes that the NLRB’s ability to function is crucial for maintaining fair labor practices and resolving disputes between employers and employees. Without a fully operational board, workers are left without a federal forum to address unfair labor practices, and companies have already begun exploiting this vacuum. For instance, Whole Foods has cited the NLRB’s incapacitation in challenging the certification of union election results.

The coalition also points out that Supreme Court precedent grants broad authority to the NLRB over labor relations, preventing states from regulating such conduct themselves. With the NLRB unable to perform its duties, this leaves a significant regulatory gap that harms workers across the nation.

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