NLRB Survives Constitutional Attacks in Ninth Circuit Case (1)

The National Labor Relations Board withstood constitutional challenges brought by an Arizona apartment management company that failed to convince a federal appeals court to overturn a board ruling that it committed unfair labor practices.

The US Court of Appeals for the Ninth Circuit on Tuesday rejected North American Foothills Apartments LLC’s arguments attacking three elements of the NLRB: agency judges’ removal protections; the adjudication of ULP claims administratively instead of putting them before a jury; and the agency performing both judicial and investigative functions.

While the Ninth Circuit turned aside the company’s constitutional claims as part of its review of ...