On March 23, 2026, the National Labor Relations Board (“NLRB”) asked a federal court to declare unconstitutional and sever the provisions in the National Labor Relations Act (the “Act”) that restrict the President’s ability to remove NLRB Board Members and administrative law judges (“ALJs”). The filing comes in the case Energy Transfer LP v. NLRB, No. 3:24‑cv‑00198, pending in the Southern District of Texas, and is a remarkable step by the Board to attempt to weaken its own administrative independence.
The NLRB’s New Position in Energy Transfer
An employee of a subsidiary of Energy Transfer LP, an energy company, brought an unfair labor practice charge against the company alleging that he had been unlawfully terminated in retaliation for making complaints. After Region 16 of the Board, based in Fort Worth, Texas, issued a complaint, the company sought a permanent injunction in federal court alleging, among other things, that the Board proceeding could not go forward because the NLRB’s removal protections for its Board Members and ALJs are unconstitutional.
After a long procedural history, the NLRB cross‑moved for summary judgment on March 23rd. In its filing, the Board asked the court to sever the provisions limiting the President’s ability to remove Board Members and ALJs and rule them unconstitutional.
The NLRB’s filing argues that severing those restrictions would eliminate the constitutional defect and allow the agency’s unfair labor practice complaint against the...
Stalin was referring to a video put out by a leading English newspaper titled ‘The false political narratives around Vijay and TVK’ in the message on X: Reports CHENNAI: You can fool some people fo...