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National Labor Relations Board › Administrative Proceedings › Administrative Law Judge (ALJ)

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Bradley Arant Boult Cummings LLP

SpaceX Exploration: Constitutional Challenge to NLRB Structure

Bradley Arant Boult Cummings LLP on

Following several complaints filed with the National Labor Relations Board (NLRB), SpaceX has mounted a constitutional challenge against the structure of the NLRB. Specifically, SpaceX contends that NLRB administrative judges...more

Perkins Coie

District Court Rules SpaceX Likely To Succeed in Challenging NLRB Constitutionality

Perkins Coie on

Judge Alan Albright of the U.S. District Court for the Western District of Texas issued an order on July 23, 2024, granting Space Exploration Technologies Corporation’s (SpaceX) motion for a preliminary injunction after...more

Epstein Becker & Green

#WorkforceWednesday® - SpaceX Victory: Court Questions NLRB's Constitutional Authority - Employment Law This Week®

Epstein Becker & Green on

This week, we’re examining a Texas court's recent decision that questions the constitutional authority of the National Labor Relations Board (NLRB): Last week, a Texas district judge challenged the constitutionality of the...more

Fisher Phillips

Could SpaceX Change the Labor Board’s Future? Here’s What Employers Need to Know

Fisher Phillips on

SpaceX is challenging whether the National Labor Relations Board should continue to exist as we know it. In two separate lawsuits, the aerospace company has asked a federal court to strike down the agency’s structure as...more

Balch & Bingham LLP

Ripple Effects Of SEC Adjudication Ruling May Be Momentous

Balch & Bingham LLP on

Suppose that your nemesis has a legal beef with you, and you learn that the law allows him to appoint one of his employees to judge the case. Shocked? You should be. Yet federal agency adjudication works the same way. How...more

Morrison & Foerster LLP

The End of SEC Administrative Proceedings? The Supreme Court’s Jarkesy Decision Prohibits the Agency’s Use of ALJs in Enforcement...

Morrison & Foerster LLP on

On June 27, 2024, the Supreme Court decided in SEC v. Jarkesy that where the Securities and Exchange Commission (“SEC”) brings enforcement actions for civil penalties, it must do so in the federal courts, as opposed to before...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Finds SEC’s In-House Adjudicative Proceedings Violated Seventh Amendment Right to Jury Trial

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On June 27, 2024, the Supreme Court of the United States held that defendants in securities fraud cases brought by the U.S. Securities and Exchange Commission (SEC) are entitled to a jury trial under the Seventh Amendment—a...more

Axinn, Veltrop & Harkrider LLP

In SEC v. Jarkesy, Supreme Court Leaves Open Constitutional Challenges Related to FTC Structure and Process

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In a much-watched case concerning the administrative state, on June 27, the Supreme Court decided in SEC v. Jarkesy that defendants facing a fraud suit by the SEC have a Seventh Amendment right to a jury trial in an Article...more

Fisher Phillips

SCOTUS Predictions: Supreme Court Set to Limit Labor Board’s Reach Over Employers in Surprising Way

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An impending Supreme Court decision is poised to transform how the National Labor Relations Board decides cases and may fundamentally alter the course of labor relations as we know it. We predict that a SCOTUS decision to be...more

Obermayer Rebmann Maxwell & Hippel LLP

NLRB Judges Regain Power to Approve Partial Settlements

Obermayer Rebmann Maxwell & Hippel LLP on

National Labor Relations Board (NLRB) Administrative Law Judges (ALJs) have regained the power to approve partial settlements of Unfair Labor Practice charges (ULPs) – even if the NLRB’s General Counsel, and the charging...more

Burr & Forman

Antennas up, Employers: Are ALJs History?

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The Supreme Court of the United States is, of course, known for landmark decisions affecting the lives of Americans. When we hear "SCOTUS" we think of famous civil rights cases such as Marbury v. Madison, (1803) which...more

Seyfarth Shaw LLP

Board Ties Judges’ Hands In Settling Cases Directly

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Seyfarth Synopsis: Overturning 25 years of precedent, the NLRB rules that an ALJ may only enter an order approving and incorporating settlement terms proposed by a respondent over the objections of the General Counsel and...more

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