Attorney General Dan Rayfield Calls Dismissal of Labor Board Member an Attack on Workers’ Rights

February 28, 2025
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Coalition of 20 attorneys general supporting lawsuit against President Trump

Today, Attorney General Dan Rayfield along with a coalition of 20 attorneys general filed an amicus brief in Wilcox v. Trump in the U.S. District Court for the District of Columbia supporting Gwynne Wilcox, a former Chair of the National Labor Relations Board (NLRB), in her lawsuit against President Donald Trump.

On January 27th, President Trump dismissed Wilcox from the NLRB during the middle of her five-year appointment, leaving just two members remaining on the five-member Board. As the NLRB cannot act without a quorum of at least three members, it has been incapacitated by Wilcox’s dismissal. The states argue that having a functioning NLRB is essential for making sure labor laws are enforced across the country, and they are urging the court to reinstate Wilcox.

“This is a clear attack on workers’ rights and ensuring fair labor practices,” Rayfield said. “The disruption caused by this action not only harms employees, but it undermines the rule of law and how our democracy works.”

The coalition argues that the Trump Administration has left American workers without the entity authorized to ensure the guaranteed ability to join a union and engage in collective bargaining, protections which workers have relied on for decades. The agency also has the authority to investigate violations of labor laws, adjudicate labor disputes, and certify the results of union elections.

In the past decade, the NLRB reviewed almost 3,000 allegations of unfair labor practices. In fact, there are currently 452 cases of unfair labor practices pending in Oregon alone.

For these reasons, the coalition urges the Court to grant Wilcox’s motion for expedited summary judgment and order the defendants to allow her to continue performing her responsibilities as an NLRB member.

Joining Attorney General Rayfield in submitting this brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Rhode Island, Vermont, And Wisconsin.