ANALYSIS: Past, Precedent Appear to Favor NLRB’s Future

There is good reason to believe that the National Labor Relations Board is in a strong position to maintain the authority it has exercised over federal labor law for the last 90 years. Despite recent US Supreme Court rulings that have dramatically altered how administrative agencies can function and affect policy, a US federal district court issued a ruling in September that provides a thorough and detailed legal roadmap for defending the NLRB’s structure and power.

With a mix of both long-standing precedent and more recent decisions playing significant roles, the board’s functions and legality appear to have multiple layers ...