Employers are increasingly turning to the US Constitution for ammunition to disrupt the work of the National Labor Relations Board (NLRB), as companies have notched early victories in their challenges to fundamental aspects of the agency. 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.
Those challenges will continue proliferating, legal observers said. The Supreme Court has invited a wave of constitutional challenges, emboldening employers to test the limits of the agency’s authority across various judicial venues and case types.
For a more detailed exposition of this ongoing legal dynamic, you can refer to the full article on
Bloomberg Law.