12.12.2024NLRB ALJs’ Job Protections in Jeopardy After District Court RulingOn December 10, 2024, U.S. District Court Judge Trevor McFadden, sitting in the District of Columbia, ruled that the job protections afforded NLRB Administrative Law Judges (ALJs) are unconstitutional because they impede the President’s power to remove executive branch subordinates under Article II of the Constitution. This is the first decision to squarely address the protected status of NLRB ALJs after numerous claims nationally that the NLRB’s structure, including the status of Board members and ALJs, is unconstitutional. However, this decision, issued at the summary judgment stage, falls short of enjoining the NLRB from prosecuting unfair labor practice charges or pursuing remedies where the ALJ has found merit to unfair labor practice allegations. Nevertheless, this decision may be the first step toward narrowing the power of the NLRB’s judges to create law that conflicts with the will of the people and the labor relations agenda of the sitting President. VHS Acquisition Subsidiary No. 7 v. NLRB.
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