NLRB Seeks Transfer of Joint Employer Lawsuit to D.C. Circuit

The National Labor Relations Board asked a Texas federal judge to transfer an industry challenge to the agency’s joint employer rule to a federal appeals court in Washington.

Judicial review of any final unfair labor practice order—which includes regulations issued via notice-and-comment rulemaking—belong in a circuit court of appeals, so the lawsuit against the joint employer rule filed in the US District Court for the Eastern District of Texas is in the wrong court, the NLRB said in a motion filed Monday.

The NLRB’s bid to transfer the lawsuit from a Texas courtroom would take it out of the hands ...