On October 28, 2025, the U.S. Court of Appeals for the Ninth Circuit upheld the structure and authority of the National Labor Relations Board (“NLRB”) against three constitutional challenges in NLRB v. North Mountain Foothills Apartments LLC (9th Cir. Oct. 28, 2025).

In enforcing the NLRB’s finding that the employer, North Mountain Foothills Apartments (“North Mountain”), committed an unfair labor practice when it fired an employee after he discussed his wages and working conditions with other co-workers, the Ninth Circuit held: (1) the removal protections for NLRB’s Administrative Law Judges (“ALJ”) do not violate Article II of the Constitution; (2) NLRB’s unfair labor practice proceedings do not deprive employers of the right to jury trials; and (3) the NLRB’s dual, investigative-adjudicative, role does not violate due process.

This decision joins a growing body of appellate decisions confronting constitutional challenges to the NLRB’s structure and adjudicatory authority. Notably, the Fifth Circuit recently invalidated the removal protections for NLRB members and ALJs. Our analysis on the Fifth Circuit’s decision can be found here.

Case Background

In August 2021, North Mountain hired Jasper Press as a maintenance technician for its apartment complex in Phoenix, Arizona. It offered Press $25 per hour, with free housing in lieu of a bonus. During Press’s first week, he discussed his compensation and working conditions with several co-workers, noting his housing stipend,...

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