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National Labor Relations Board › Separation of Powers › Article II

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 -
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

Franczek P.C.

SpaceX Wins Fifth Circuit Victory; Big Implications for NLRB

Franczek P.C. on

In an August 19, 2025 decision in SpaceX v. NLRB, the Fifth Circuit ruled that the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and upheld three preliminary injunctions preventing the NLRB...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Says NLRB Removal Protections Violate Constitution

Parker Poe Adams & Bernstein LLP on

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

Fox Rothschild LLP

5th Circuit Decision Could Encourage Employers to File Lawsuits to Escape NLRB Trials

Fox Rothschild LLP on

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

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

D.C. Circuit Rules Trump Can Remove Independent Agency Members Without Cause

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

On March 28, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ruled that President Donald Trump likely has the authority to remove National Labor Relations Board (NLRB) member Gwynne Wilcox and Merit...more

Perkins Coie

District Court Rules SpaceX Likely To Succeed in Challenging NLRB Constitutionality

Perkins Coie on

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

Fisher Phillips

Could SpaceX Change the Labor Board’s Future? Here’s What Employers Need to Know

Fisher Phillips on

SpaceX is challenging whether the National Labor Relations Board should continue to exist as we know it. In two separate lawsuits, the aerospace company has asked a federal court to strike down the agency’s structure as...more

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