State Attorney General Anne Lopez joined 19 other state attorneys general in filing an amicus brief supporting National Labor Relations Board member Gwynne Wilcox in a fight to retain her position after she was fired by President Donald Trump in January. 

What You Need To Know

  • Wilcox, the first black woman to serve on the board, was in the middle of a five-year appointment when she was dismissed along with the board’s general counsel and acting general counsel — both women
  • Wilcox subsequently filed suit against the president, asserting that Trump broke the National Labor Relations Act by firing her without cause and without due process
  • The NLRB functions as an independent, quasi-judicial federal agency with the authority to enforce the act, investigate violations of labor laws, adjudicate labor disputes and certify the results of union elections
  • The AGs argue that because states lack authority to regulate the conduct of labor relations, the NLRB’S current involuntary hiatus 'creates a significant vacuum that harms workers everywhere'

Wilcox, the first black woman to serve on the board, was in the middle of a five-year appointment when she was dismissed along with the board’s general counsel and acting general counsel — both women. The sacking left the board with just two remaining members and short of the quorum necessary to continue making decisions.

Wilcox subsequently filed suit against the president, asserting that Trump broke the National Labor Relations Act by firing her without cause and without due process. The act allows the president to fire board members, but only in the limited cases of neglect of duty or malfeasance.

“(Trump’s) unlawful removal of Plaintiff Wilcox from the board not only immediately prevents the board from performing several of its more important functions but also contravenes the law and customs intended to preserve the board’s independence and legitimacy in the long term,” the AGs wrote.

Enacted in 1935 by President Franklin Roosevelt, the NLRA guarantees American workers the right to join a union, collectively bargain for better wages and working conditions, and engage in strikes, pickets and other actions without retaliation. The five-member NLRB functions as an independent, quasi-judicial federal agency with the authority to enforce the act, investigate violations of labor laws, adjudicate labor disputes and certify the results of union elections.

The AGs argue that because states lack authority to regulate the conduct of labor relations, the NLRB’S current involuntary hiatus “creates a significant vacuum that harms workers everywhere.”

In Hawaii alone, there are currently 130 unfair labor practice complaints pending investigation by the board, according to the state Department of the Attorney General.

Joining Attorney General Lopez in submitting the brief, are the attorneys general from Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Wisconsin.

Michael Tsai covers local and state politics for Spectrum News Hawaii. He can be reached at michael.tsai@charter.com.