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National Labor Relations Board › Board Members › 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 -
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

Constangy, Brooks, Smith & Prophete, LLP

NLRB in the balance: Did Trump have the right to terminate a Board member?

Constangy, Brooks, Smith & Prophete, LLP on

The legal dispute over President Donald Trump’s removal of National Labor Relations Board Member Gwynne A. Wilcox may be on a fast track to review by the U.S. Supreme Court. Ms. Wilcox, a Democrat appointed by President...more

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