In November, Dallas Mudd, an employee at Findhelp, an online social service coordination platform, filed a federal lawsuit against the National Labor Relations Board (NLRB). The case argues that the NLRB’s structure is unconstitutional. Filed in the U.S. District Court for the Northern District of Texas, this lawsuit is part of a series of legal actions by National Right to Work Foundation staff attorneys challenging the NLRB’s authority.
Mudd had previously submitted a decertification petition with the NLRB to remove the Office & Professional Employees International Union (OPEIU) from his workplace. However, NLRB officials blocked this vote due to unproven charges made by union leaders against Findhelp. Mudd appealed this decision to the full NLRB in Washington, D.C., while also filing a federal lawsuit questioning the removal protections of NLRB members.
Shortly after filing the lawsuit, Mudd’s attorney requested that the Northern District Court of Texas issue a preliminary injunction. This would prevent the NLRB from adjudicating his appeal until questions regarding its constitutionality are resolved. Mudd claims he faces ongoing harm by having to engage with an agency he believes is unconstitutionally structured.
In parallel legal action, Findhelp secured an injunction against the NLRB in federal district court with arguments similar to those raised by Mudd. His lawsuit follows four other constitutional challenges supported by the National Right to Work Foundation targeting the NLRB’s structure. Among these is a case involving New York Starbucks employees Ariana Cortes and Logan Karam, who initiated a constitutional challenge concerning NLRB Board Member protections.
Their case is currently being briefed at the D.C. Circuit Court of Appeals. Since then, several major employers have used arguments initially presented by Foundation attorneys in federal court to challenge what they describe as a pro-union stance by the Biden-Harris administration’s NLRB.
Patrick Semmens, Vice President of the National Right to Work Foundation, stated: “Independent-minded workers should not be forced to depend on biased agencies staffed by bureaucrats who exercise power in violation of the Constitution.” He added that “the Constitution does not permit a powerful federal agency to operate as judge, jury, and executioner without proper oversight.” Semmens further emphasized that “federal labor law is not exempt from the requirements of the U.S. Constitution.”
