A groundbreaking decision from a federal judge in Washington, D.C., has dismantled the job protections for administrative judges at the National Labor Relations Board (NLRB), marking a pivotal shift in ongoing legal challenges to the agency’s framework.
The ruling stems from a lawsuit filed by Massachusetts-based Saint Vincent Hospital, which argued that shielding NLRB judges from being dismissed at will violates constitutional principles. U.S. District Judge Trevor McFadden sided with the hospital, severing the removal protections for these judges from the National Labor Relations Act (NLRA).
This decision stands as the first permanent invalidation of such protections, diverging from prior rulings in Texas where judges had only paused NLRB cases over similar concerns. The NLRB’s administrative law judges (ALJs) currently operate under stringent removal criteria, requiring a separate civil service board’s approval before termination by the agency’s governing board.
Judge McFadden contended that this multi-layered process undermines presidential oversight, asserting that ALJs wield significant executive power and must be accountable to the executive branch. He drew parallels to a 2010 U.S. Supreme Court decision that struck down similar protections in a different federal agency.
Saint Vincent Hospital’s broader claims about constitutional violations in NLRB proceedings, including the right to a jury trial, were dismissed last month, but the hospital is appealing those aspects. Meanwhile, this latest ruling could significantly impact how the NLRB operates, potentially leading to more challenges from employers engaged in disputes with the agency.
The NLRB declined to comment, maintaining that its structure aligns with longstanding Supreme Court precedent. The legal battles over the agency’s authority, however, are far from over, as employers across the country continue to press their cases.
The case, filed under VHS Acquisition Subsidiary Number 7 Inc v. NLRB in the District of Columbia, may set the stage for future debates about the balance of power between federal agencies and the executive branch.
