Wednesday, August 20, 2025

Fifth Circuit Slams NLRB Structure

 Another application of a year-old SCOTUS ruling.

... The ruling keeps unfair labor practice cases against SpaceX and two other companies, Energy Transfer and Findhelp, on hold while the companies pursue their claim that the NLRB structure violates the U.S. Constitution. While the court did declare it unlawful, this is far from a settled issue and the NLRB is undoubtedly likely to challenge the ruling....

...The core of the dispute is over whether the NLRB’s in-house judges, called administrative law judges, enjoy unlawful protections that shield them from removal by the president. If that’s the case, it violates constitutional rules governing the separation of powers, the judges said. ...

This could be a lot of fun over the next several years! 

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