Even though the National Labor Relations Board (NLRB or Board) has been around for almost 90 years, two companies are now pursuing litigation questioning the agency’s constitutionality. The National Labor Relations Act (NLRA) created the NLRB in 1935, and the Board has issued thousands of administrative rulings since then. Nevertheless, SpaceX and Trader Joe’s are challenging the Board’s very constitutionality on grounds that its structure violates Article II of the U.S. Constitution as well as the Fifth and Seventh Amendments.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.