Alarm as Trump Judge Sides With Company Claiming NLRB Is Unconstitutional

The National Labor Relations Board was prevented on Tuesday from moving forward with an unfair labor practices case against the social services tech company Findhelp, after a Trump-appointed judge granted the Texas-based firm's request for a temporary injunction.

In the Northern District of Texas, U.S. District Judge Mark Pittman ruledin favor of Findhelp's claim that administrative law judges at the NLRB have unconstitutional protections from being dismissed by the White House.

The argument has been used by other large companies including billionaire Elon Musk's aerospace firm SpaceX and a subsidiary of the fossil fuel giant Energy Transfer, which have both also obtained preliminary injunctions from Trump appointees in Texas, shielding them from labor rights cases.

In the SpaceX case, the NLRB argued that "granting an injunction would encourage any employer or labor union unhappy with scrutiny of their labor practices to seek preliminary injunctions against NLRB proceedings."

Starbucks, Amazon, and Trader Joe's have also joined the corporate effort to strip the NLRB of its ability to carry out its duties as a federal agency tasked with protecting workers from unfair labor practices. The companies have claimed that the agency's structure, which was established by the New Deal's National Labor Relations Act nearly a century ago, violates the president's "removal powers" under Article II of the U.S. Constitution.

"Prior to the New Deal, judges claimed things like overtime and child labor rules were unconstitutional," said journalist Ryan Grim.

Lawyers for the NLRB argued in the Findhelp case that the company is not entitled to relief from a court until the president tries to remove the administrative law judge assigned to Findhelp's case, but Pittman said he was "unpersuaded by the NLRB's arguments."

Pittman cited a precedent established by the U.S. Court of Appeals for the Fifth Circuit, which ruled in 2022 that removal protections for the Securities and Exchange Commission's judges were unconstitutional.

This month, two federal judges—one appointed by former President Barack Obama and one by President Joe Biden—have rejected other corporate challenges claiming the NLRB is unconstitutionally structured, teeing up a potential U.S. Supreme Court case to settle the matter in the future.

Tuesday's ruling comes 18 months after the Office and Professional Employees International Union filed a complaint with the NLRB, saying Findhelp had illegally fired and coerced workers who were involved in organizing their workplace. The employees had voted 95-52 in favor of joining the union.

With Pittman's injunction in place, an NLRB administrative hearing on whether Findhelp unlawfully fired organizers and surveilled employees will not move forward.

"The NLRB protects Americans' right to unionize, fight unjust firings, and collectively bargain for higher wages," said the U.S. Congressional Progressive Caucus. "Without it, employers can ignore labor laws and deprive workers of their rights. This is yet another move by a Trump-appointed judge in favor of wealthy corporations."