In a complaint to the US District Court for the Western District of Texas, the company argued that the labor board “violates bedrock constitutional principles of separation of powers” by serving as both prosecutor and judge. It also contends that NLRB members are unconstitutionally protected from being fired by the president, and that the quasi-judicial structure of the agency undermines employers’ right to a jury trial under the Seventh Amendment.
The lawsuit strikes at the heart of the NLRB’s mission to regulate and ...