Labor Board Members’ Removal Protections Face Legal Challenge

Oct. 4, 2023, 10:16 PM UTC

A legal shield protecting members of the National Labor Relations Board from being removed without cause is unconstitutional, a new lawsuit alleges.

The NLRB’s structure violates the separation of powers because it doesn’t allow the president to fire board members for any or no reason, according to a complaint filed Wednesday by a Starbucks Corp. worker who earlier lost her bid to oust a union from the Buffalo, N.Y. store where she works.

The board is staffed by “powerful bureaucrats who exercise unaccountable power in violation of the Constitution,” National Right to Work Legal Defense Foundation head Mark Mix said ...

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