At a Glance
- Because the Fifth and Ninth Circuits reached opposite conclusions, an employer’s ability to challenge the NLRB’s structure or authority now depends on geography. Employers in states under the Fifth Circuit’s jurisdiction (like Texas, Louisiana and Mississippi) may have stronger grounds to contest NLRB proceedings than those in the Ninth Circuit (which covers much of the West Coast).
- A clear circuit split on a constitutional question often sets the stage for Supreme Court intervention. Businesses and counsel should monitor this issue closely; a future ruling could reshape how independent agencies like the NLRB operate.
To view the full alert, visit the Faegre Drinker website.
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