The National Labor Relations Board is having a tough time lately. It keeps working on behalf of unionists but corporations are increasingly pushing back by arguing that the NLRB itself is in violation of the US Constitution.
Employers are increasingly turning to the US Constitution for ammunition to disrupt the work of the National Labor Relations Board, as companies have notched early victories in their challenges to fundamental aspects of the agency.
The NLRB faces constitutional arguments in myriad settings, including in-house unfair labor practice proceedings, district court lawsuits, appellate review of board and lower court rulings, and as a defense against an agency bid to get a court to force a company to bargain with a union…
“While there are live questions having to do with something as fundamental as the constitutionality of the agency’s structure, defense lawyers…
