NLRB Act ruled unconstitutional by two judges in Texas

Andrew Strom, OnLabor contributor and labor lawyer, appeared on the America’s Work Force Union Podcast to discuss his recent blog, “What Will it Take to Sound the Alarm About Trump Judges?”

Strom’s article highlights the actions taken by two U.S. federal judges appointed by former President Donald Trump, U.S. District Judge Alan Albright of the U.S. District Court Western District of Texas and U.S. District Judge Jeffrey V. Brown of the U.S. District and Bankruptcy Court Southern District of Texas. In separate cases, both judges ruled the National Labor Relations Act (NLRA) is unconstitutional.

In July, each issued injunctions to stop the National Labor Relations Board (NLRB) from conducting routine hearings against employers based on what Strom called an absurd claim that Administrative Law Judges (ALJs) who oversee NLRB hearings are improperly insulated from removal by the President. The injunctions stopped the NLRB from holding unfair labor practice proceedings against two different companies – SpaceX and Energy Transfer, a natural gas pipeline operator. Both companies argued that the ALJs are officers in the executive branch and the President should have the authority to fire anyone in the executive branch, Strom said. If the President does not have the authority to fire someone, then the President cannot do his job.

Strom then explained why he believes the legal theory does not make sense. This includes a lack of evidence that President Biden wants to fire any of the NLRB’s ALJs. Strom believes the rulings are not intended to fix the system, but instead destroy it, along with the Federal Trade Commission, the Occupational Safety and Health Administration and other federal agencies that use ALJs. He added that these two cases are part of a broader movement to destroy administrative agencies and return to the days of the robber barons.

Listen to the show above to hear more from Strom about the attack on the NLRB.