On September 16, a federal judge in Texas granted a preliminary injunction in the case of Findhelp vs. the National Labor Relations Board, concluding that the NLRB’s use of administrative law judges that are insulated from the President’s removal powers is unconstitutional. The preliminary injunction is the third successfully brought against the NLRB in Texas, halting NLRB enforcement.
The suit in question began when the Office and Professional Employees International Union accused tech company Findhelp of unfair labor practices. Like SpaceX and an Energy Transfer LP subsidiary before it, Findhelp requested a preliminary injunction to stop the proceedings, using the Supreme Court’s decision in Security and Exchange Commission v. Jarksey as precedent. Findhelp argued that the system for appointing and removing judges used by the SEC is unconstitutional and that, given the NLRB has a similar structure to the SEC, the NLRB also violates the separation of powers as outlined in Jaresky.
The ruling has implications for employment law proceedings in certain states and may reshape the NLRB in whole or in part, dramatically transforming organization activities and how worker and union disputes are decided.
If you are an employer or employee with questions regarding your rights and obligations regarding labor law, contact Warner PLLC today. We can review your specific situation and provide guidance suited to your unique employment law needs.
