Employers Intensify Constitutional Attacks Against Labor Board

Employers are increasingly turning to the US Constitution for ammunition to disrupt the work of the National Labor Relations Board, as companies have notched early victories in their challenges to fundamental aspects of the agency.

The NLRB faces constitutional arguments in myriad settings, including in-house unfair labor practice proceedings, district court lawsuits, appellate review of board and lower court rulings, and as a defense against an agency bid to get a court to force a company to bargain with a union.

Those challenges will continue proliferating, legal observers said.

“While there are live questions having to do with something as ...