Michigan Attorney General Dana Nessel joined a coalition of 21 attorneys general yesterday in filing an amicus brief in continued opposition to President Donald Trump’s unlawful attempt to remove Gwynne Wilcox, a member of the National Labor Relations Board (NLRB). Dismissing Wilcox would leave just two members remaining on the five-member board, which cannot act without a quorum of at least three members.
In late February, Attorney General Nessel and a national coalition of attorneys general filed an amicus brief in support of NLRB member Gwynne Wilcox, who sued the President following his attempt to remove her from the board. Last week, a federal judge ruled in Wilcox v. Trump, that Trump’s attempt to fire Wilcox was illegal and ordered that she remain on the board. In her opinion, Judge Beryl Howell of the U.S. District Court for the District of Columbia wrote that President Trump “seems intent on pushing the bounds of his office and exercising his power in a manner violative of clear statutory law to test how much the courts will accept the notion of a presidency that is supreme.”
The Trump administration has now asked for a stay to stop the ruling from going into effect while it seeks an appeal, effectively allowing her firing to take effect. In their brief, Attorney General Nessel and the coalition urge the court to deny the administration’s request for a stay. The coalition argues that if allowed to stand, the attempt to dismiss Wilcox would undermine protections for workers and destabilize federal labor law.
“Donald Trump and his administration have once again lost in court, yet they continue their unlawful attempt to stall the National Labor Relations Board’s vital work of protecting workers, including hundreds of thousands in Michigan,” Nessel said. “Granting a stay to obstruct this work would only set a dangerous precedent and must be denied.”
The NLRB is the federal agency responsible for administering the National Labor Relations Act (NLRA), which guarantees American workers the right to unionize, bargain for better wages and working conditions, and engage in activities like strikes and pickets. Under the law, the NLRB adjudicates labor disputes and certifies the results of union elections. The board is also responsible for administering the NLRA uniformly across the country.
On January 27, 2025, President Trump attempted to dismiss Wilcox from the NLRB in the middle of her five-year term. According to federal law, board members can be removed from office only for specific reasons, such as misconduct.
The brief that the coalition filed explains that pausing the NLRB’s operations would seriously harm the public, which relies on the board’s administration of the NLRA. Collective bargaining helps workers obtain better wages, benefits and working conditions. Those benefits extend to workers in non-union jobs, too, because employers compete for workers with better wages and job protections. The NLRA also benefits employers and the broader economy by stabilizing labor-management relations and decreasing inequality.
Joining Nessel are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
In late February, Attorney General Nessel and a national coalition of attorneys general filed an amicus brief in support of NLRB member Gwynne Wilcox, who sued the President following his attempt to remove her from the board. Last week, a federal judge ruled in Wilcox v. Trump, that Trump’s attempt to fire Wilcox was illegal and ordered that she remain on the board. In her opinion, Judge Beryl Howell of the U.S. District Court for the District of Columbia wrote that President Trump “seems intent on pushing the bounds of his office and exercising his power in a manner violative of clear statutory law to test how much the courts will accept the notion of a presidency that is supreme.”
The Trump administration has now asked for a stay to stop the ruling from going into effect while it seeks an appeal, effectively allowing her firing to take effect. In their brief, Attorney General Nessel and the coalition urge the court to deny the administration’s request for a stay. The coalition argues that if allowed to stand, the attempt to dismiss Wilcox would undermine protections for workers and destabilize federal labor law.
“Donald Trump and his administration have once again lost in court, yet they continue their unlawful attempt to stall the National Labor Relations Board’s vital work of protecting workers, including hundreds of thousands in Michigan,” Nessel said. “Granting a stay to obstruct this work would only set a dangerous precedent and must be denied.”
The NLRB is the federal agency responsible for administering the National Labor Relations Act (NLRA), which guarantees American workers the right to unionize, bargain for better wages and working conditions, and engage in activities like strikes and pickets. Under the law, the NLRB adjudicates labor disputes and certifies the results of union elections. The board is also responsible for administering the NLRA uniformly across the country.
On January 27, 2025, President Trump attempted to dismiss Wilcox from the NLRB in the middle of her five-year term. According to federal law, board members can be removed from office only for specific reasons, such as misconduct.
The brief that the coalition filed explains that pausing the NLRB’s operations would seriously harm the public, which relies on the board’s administration of the NLRA. Collective bargaining helps workers obtain better wages, benefits and working conditions. Those benefits extend to workers in non-union jobs, too, because employers compete for workers with better wages and job protections. The NLRA also benefits employers and the broader economy by stabilizing labor-management relations and decreasing inequality.
Joining Nessel are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
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