In response to recent developments involving the National Labor Relations Board (NLRB), New York Attorney General Letitia James and a coalition of 19 other attorneys general have filed a request with the U.S. District Court for the District of Columbia to reinstate member Gwynne Wilcox. Wilcox was removed from her position by President Trump on January 27, during her term, resulting in the NLRB lacking a quorum. The request is outlined in an amicus brief, which states that her removal may impact the enforcement of labor laws nationwide, as reported by the Office of the Attorney General.
The NLRB's establishment in 1935 as an independent agency was to uphold these rights. However, with only two remaining members and no quorum, the agency's enforcement abilities have ground to a halt. Whole Foods Market recently questioned the NLRB’s authority in a union election case due to the Board's current incapacitation.
The attorneys general state that the NLRB's inability to operate impacts dispute resolution between employers and employees and affects the enforcement of the National Labor Relations Act (NLRA). The NLRA establishes protections for workers' rights to unionize, strike, and engage in collective bargaining without retaliation. They also note the absence of federal recourse for addressing unfair labor practices and reference the backlog of cases, including more than 2,100 pending in New York.
As the Supreme Court has designated the NLRB as the authority on labor relations, states do not have the jurisdiction to assume this role. This has implications for workers, as unions have been associated with higher wages and benefits compared to non-union employees. Additionally, wage adjustments for union workers have historically influenced wages for non-union employees. The coalition presents these points in their brief to support their appeal, outlining the potential effects of an inactive NLRB on the workforce.
The multi-state coalition, including representatives from Arizona, California, Connecticut, and the District of Columbia, has filed in support of Attorney General James’s request. They ask the court to expedite Wilcox’s case and reinstate her to the NLRB, allowing the board to carry out its regulatory functions. The filing cites the longstanding labor protections established under the NLRA, which has governed labor relations for nearly 90 years.
