Lawyers across the United States are challenging the constitutionality of National Labor Relations Board (NLRB) proceedings, drawing on the U.S. Supreme Court’s recent decision in Securities and Exchange Commission v. Jarkesy. These legal actions have been initiated in Michigan, Ohio, Texas, and Washington, D.C., arguing that NLRB administrative judges are inappropriately protected from removal. The lawsuits assert that, similar to the SEC’s requirement to conduct civil penalty proceedings with the possibility of a jury trial as required by the Seventh Amendment, NLRB proceedings should also comply with similar constitutional mandates.
Read more about this evolving legal challenge in the full article here.