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National Labor Relations Board › Appellate Courts › Constitutional Challenges

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

Genova Burns LLC on

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

Axinn, Veltrop & Harkrider LLP on

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?

Foley & Lardner LLP on

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

Epstein Becker & Green

NLRB Authority in Jeopardy, Pregnant Worker Protections, Non-Compete Order Rescinded, EEOC Right-to-Sue Rule -...

Epstein Becker & Green on

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

Constangy, Brooks, Smith & Prophete, LLP on

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

Sheppard Mullin Richter & Hampton LLP on

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

Kilpatrick on

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

Holland & Knight LLP on

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

Ward and Smith, P.A. on

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

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

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

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

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

Proskauer - Labor Relations Update

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

Proskauer - Labor Relations Update on

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

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