Fifth Circuit Upholds Injunction Against NLRB Proceedings, Distinguishing Humphrey's Executor

Fifth Circuit Upholds Injunction Against NLRB Proceedings, Distinguishing Humphrey's Executor

Today, in Space Exploration Technologies Corp. v. NLRB, the U.S. Court of Appeals for the Fifth Circuit concluded that the structure of the National Labor Relations Board (NLRB) is unconstitutional in (at least) two ways. First, the NLRB's administrative law judges are insulated by a double-for-cause removal protection of the sort invalidated in Free Enterprise Fund v. PCAOB (and which the Fifth Circuit had previously declared unconstitutional i…

Fifth Circuit Takes Sledgehammer To Labor Rights - Above the Law

So long labor rights, we hardly knew ye. Today the Fifth Circuit issued a decision neutering the National Labor Relations Board’s ability to prosecute unfair labor practice. In a decision authored by Judge Don Willett, the circuit court furthest to the right decided the NLRB’s structure is likely unconstitutional. In the matter before the Fifth Circuit three separate employers — SpaceX, Energy Transfer and Aunt Bertha — argued that the limits on…

Fifth Circuit Panel Says National Labor Relations Board’s Structure is Likely Unconstitutional - The Texas Lawbook

Three federal district courts in Texas saw their judgments affirmed by the U.S. Court of Appeals for the Fifth Circuit Tuesday. The Fifth Circuit determined the district courts did not abuse their discretion in granting preliminary injunctions for SpaceX, Energy Transfer and Findhelp halting administrative proceedings before the NLRB while they pursue constitutional challenges to the agency’s structure. The post Fifth Circuit Panel Says National…

5th Circuit Rules NLRB Likely Unconstitutional, Sides With SpaceX and Others - USA Herald

In a seismic decision shaking the foundation of U.S. labor law, the Fifth Circuit Court of Appeals ruled Tuesday that the structure of the National Labor Relations Board (NLRB) is likely unconstitutional. The three-judge panel upheld injunctions shielding SpaceX and two other companies from ongoing unfair labor practice prosecutions, striking a blow at the agency’s authority. The ruling arose from three consolidated cases—SpaceX, social services…