Nevada Attorney General Aaron D. Ford has joined a coalition of 20 attorneys general urging a federal court to reinstate National Labor Relations Board (NLRB) member Gwynne Wilcox, arguing that her removal by President Donald Trump has effectively paralyzed the agency responsible for protecting workers’ rights across the country.
The amicus brief, filed February 28 in Wilcox v. Trump in the U.S. District Court for the District of Columbia, contends that the president’s attempt to dismiss Wilcox mid-term violates statutory protections and has left the five-member board without a quorum—rendering it unable to enforce federal labor law.
“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,” Ford said. “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.”
NLRB impasse raises concerns for workers nationwide
The NLRB, created by the National Labor Relations Act (NLRA) of 1935, has authority to enforce labor law, adjudicate disputes, and oversee union elections. Under the law, the board requires a minimum of three members to take formal action. Wilcox’s removal leaves the board with only two, halting its ability to issue decisions or enforce worker protections.
The attorneys general argue that this impasse threatens the rights of both union and non-union workers. In Nevada alone, more than 1,100 cases of alleged unfair labor practices are pending—more than in 43 other states, according to the brief.
Legal and economic implications
The multistate coalition points to longstanding precedent affirming the NLRB’s exclusive authority over many aspects of labor relations, which preempts state-level enforcement. Without a functioning board, the brief argues, a regulatory vacuum emerges—one that undermines labor stability and erodes critical protections like collective bargaining and safeguards against retaliation.
In addition to legal concerns, the attorneys general highlight the economic impact. They note that unionized workers tend to earn higher wages and enjoy better benefits, and that increases in union membership can raise wages even for non-union employees.
Coalition calls for immediate remedy
The states are asking the court to expedite a ruling in Wilcox’s favor and to order her reinstatement, restoring the NLRB’s ability to carry out its statutory duties.
Joining Ford in the amicus filing are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota (which led the filing), New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Wisconsin.
