Both unionized and non-unionized employers are familiar with the National Labor Relations Board’s authority to pursue and adjudicate unfair labor practice charges. Following high-profile charges brought against SpaceX and...more
The U.S. Court of Appeals for the Fifth Circuit ("Fifth Circuit") has ruled that the National Labor Relations Board ("NLRB") is unconstitutionally structured and cannot hear unfair labor practice charges. The decision focused...more
Last week, the U.S. Court of Appeals for the Fifth Circuit said the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and enjoined the agency from conducting trials of unfair labor practice...more
In a major setback for the National Labor Relations Board (NLRB), the Fifth Circuit Court of Appeals recently upheld an injunction, preventing the NLRB from holding an unfair labor practice (ULP) hearing against SpaceX and...more
On August 19, 2025, in Space Exploration Tech. Corp. v. National Labor Relations Board, et al., a panel of the U.S. Court of Appeals for the Fifth Circuit upheld preliminary injunctions that had halted NLRB complaint...more
On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed preliminary injunctions halting National Labor Relations Board (“NLRB” or the “NLRB”) proceedings against SpaceX and two other companies while they...more
The NLRB’s Board Members and administrative law judges (“ALJs”) enjoy “for cause” removal protections, which generally means that they can be removed only for malfeasance or disregard of duty....more
Judge Alan Albright of the U.S. District Court for the Western District of Texas issued an order on July 23, 2024, granting Space Exploration Technologies Corporation’s (SpaceX) motion for a preliminary injunction after...more
NLRB Proposes Election Changes. On August 9, 2019, the National Labor Relations Board issued a notice of proposed rulemaking (NPRM) that proposes three specific amendments to its election procedures....more