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National Labor Relations Board › Appellate Courts

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Genova Burns LLC

Fifth Circuit Panel Finds Unconstitutional Removal Protections Favoring NLRB Members And ALJs

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On August 19, 2025, a three-judge panel of the Fifth Circuit Court of Appeals ruled in a long-anticipated opinion that the NLRA’s protections for Board Members and Administrative Law Judges from presidential removal are...more

Axinn, Veltrop & Harkrider LLP

D.C. Circuit Allows FTC Commissioner Slaughter to Be Reinstated, but the Supreme Court May Soon Decide Otherwise

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Yesterday, the D.C. Circuit issued the latest decision in the saga over President Trump’s firing of the Democratic Federal Trade Commission (FTC) Commissioners. That decision sets the stage for a likely emergency application...more

Foley & Lardner LLP

Did the Fifth Circuit Just Render the NLRB Helpless to Enforce Its Own Laws?

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A potentially massive shift in the labor relations arena — or at least the potential start of one — may have recently taken place. If so, the implications for leveraging collective bargaining negotiations and strategies in...more

Proskauer Rose LLP

Union Interference Lessons From 5th Circ. Apple Ruling

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In a closely watched decision on July 7 — and the latest of many federal appeals court decisions reviewing orders from the National Labor Relations Board — the U.S. Court of Appeals for the Fifth Circuit tackled employer...more

Epstein Becker & Green

NLRB Authority in Jeopardy, Pregnant Worker Protections, Non-Compete Order Rescinded, EEOC Right-to-Sue Rule -...

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This week, we’re covering four key employer-focused developments: • a ruling from the U.S. Court of Appeals for the Fifth Circuit challenging the National Labor Relations Board’s (NLRB’s) authority, • another Fifth...more

Constangy, Brooks, Smith & Prophete, LLP

Bad news for Wilcox? Removal protections for NLRB members, ALJs are “likely” unconstitutional, appeals court finds

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A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has upheld three orders that bar the National Labor Relations Board from pursuing unfair labor practice cases against SpaceX and two other employers. ...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Rules NLRB Structure Likely Unconstitutional

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On August 19, 2025, the Fifth Circuit upheld injunctions barring the National Labor Relations Board (“NLRB” or the “Board”) from prosecuting unfair labor practice cases against SpaceX and two other companies. In its decision,...more

Kilpatrick

Houston, We (May) Have a Constitutional Problem: Fifth Circuit Puts NLRB Structure in the Hot Seat

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In Space Exploration Technologies Corp. v. National Labor Relations Board (the “SpaceX Case”), the U.S. Court of Appeals for the Fifth Circuit upheld injunctions issued by federal district courts in Texas. The injunctions...more

Holland & Knight LLP

Fifth Circuit: Dual Removal Protections for NLRB ALJs, Board Members Likely Unconstitutional

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In issuing a preliminary injunction in Space Exploration Technologies Corp. v. National Labor Relations Board, No. 24-50627 (5th Cir. 2025), the U.S. Court of Appeals for the Fifth Circuit held that the structure of the...more

Ward and Smith, P.A.

Federal Appellate Court Enjoins NLRB Proceedings, Concluding the NLRB’s Structure Is Likely Unconstitutional

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Panel Says NLRB Judge, Member Removal Protections Likely Unconstitutional

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On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed the issuance of preliminary injunctions by district courts that halted National Labor Relations Board (NLRB) unfair labor practice (ULP) proceedings...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Decision on NLRB ALJs Raises Constitutional Questions for OSHRC Removal Protections

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The Fifth Circuit Court of Appeals’ August 2025 decision that addressed the constitutionality of dual for-cause removal protections for administrative law judges (ALJs) at the National Labor Relations Board (NLRB) has...more

Husch Blackwell LLP

Does Loper Bright Simply Not Matter to the D. C. Circuit When It Comes to the NLRB? Will the Supreme Court Weigh In?

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On July 31, 2025, Hood River Distillers, Inc. filed a petition for writ of certiorari imploring the Supreme Court to overturn a ruling of the D. C. Circuit. The D. C. Circuit had affirmed a National Labor Relations Board...more

Conn Maciel Carey LLP

D.C. Circuit Rejects NLRB’s “Irrational” View of Impasse

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Last week in Troy Grove v. NLRB, No. 23-1164 (D.C. Cir., June 13, 2025), the United States Court of Appeals for the D.C. Circuit delivered a sharp rebuke to the National Labor Relations Board, finding “irrational” the Board’s...more

Amundsen Davis LLC

NLRB’s Authority to Order Employers to Reimburse for Unfair Labor Practices Limited by Federal Court of Appeals Decision

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On Friday, December 27, 2024, the U.S. Court of Appeals for the Third Circuit in NLRB v. Starbucks Corp. vacated part of a National Labor Relations Board (NLRB) order on the grounds that it exceeded its authority in ordering...more

Proskauer - Labor Relations Update

Amazon, SpaceX Must Navigate Procedural Roadblocks in Constitutional Challenge of NLRB

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On November 18, 2024, the U.S. Court of Appeals for the Fifth Circuit heard oral argument on cases involving Amazon.com Inc. and SpaceX, respectively, challenging the constitutionality of the National Labor Relations Board...more

Littler

Littler Lightbulb: June Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Seyfarth Shaw LLP

Are Bright Times Ahead for Employers at the NLRB?

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On June 28, 2024, the United States Supreme Court, in Loper Bright Enterprises v. Raimondo ended four decades of deference to federal agency action under Chevron and ushered in a new era of administrative law. What Loper...more

Proskauer - Labor Relations Update

Appellate Court Rejects NLRB’s Findings in Employer Surveillance Case as “Nonsense”

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Declaring the NLRB’s rationale to be “nonsense,” on March 26, 2024, a unanimous three-judge panel for the United States Court of Appeals for the District of Columbia in Stern Produce Company Inc v. NLRB, refused to enforce...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Evolving Landscape of Administrative Law

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One of the most significant areas of the law for businesses is administrative law. From questions about a new industry-specific regulation to marshaling a defense against enforcement proceedings, any entity that is subject to...more

Littler

Littler Lightbulb – January Employment Appellate Roundup

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At the Supreme Court - Recovery of Damages for Property Destroyed During a Strike. On January 10, 2023, the Supreme Court heard oral argument in Glacier Northwest v. International Brotherhood of Teamsters.  At issue is...more

Jackson Lewis P.C.

Top Five Labor Law Developments For February 2021

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1. On February 4, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act. The sponsors described the bill as comprehensive labor legislation aimed at bolstering workers’ collective bargaining...more

Jackson Lewis P.C.

Appeals Court Vacates NLRB Decision, Rejects Credibility Findings

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The National Labor Relations Board (NLRB) incorrectly found an employee invoked Weingarten rights and misapplied the Wright Line burden-shifting framework in finding an employee was unlawfully terminated, the federal appeals...more

Miller & Martin PLLC

What Does an Independent Contractor Mean to You? Eleventh Circuit Issues Significant Independent-Contractor Ruling

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Last week, the U.S. Court of Appeals for the Eleventh Circuit (which has jurisdiction over Alabama, Florida and Georgia) issued a ruling that is noteworthy for all employers, addressing the often-contested issue of whether a...more

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