The National Labor Relations Act recently turned 90 years old, but there appear to be a series of new “what’s old is new again” challenges to the constitutionality of National Labor Relations Board’s powers, a replay of arguments harking back to the New Deal. 

Guests Eric Dreiband and Diana Reddy explore the current state of employment and labor law and recent challenges to NLRB oversight and the president’s power over the board. 

The Act and the NLRB sprang from the Great Depression and were incorporated into New Deal policies in an attempt to fix what went wrong. The NLRB and Act have provided protections to workers and unions and sought to level the bargaining process for decades. 

But what was believed to be settled law might not be as “settled” as many thought. Today a flurry of new legal challenges question the constitutionality of some provisions and the extent of a sitting president’s power over leadership at the NLRB along with the role of administrative law judges. Legal professionals who have been counting on the “bedrock” of established labor relations law may find that foundation is shaking again. 

Mentioned in This Episode:

“Relitigating the New Deal: The Stakes of Current Constitutional Challenges to the NLRB” by Diana Reddy, Duke University, Labor

National Labor Relations Act

“Is the NLRB Unconstitutional? The Courts May Finally Decide, by Alexander T. MacDonald, Federalist Society

“National Labor Relations Board v. Jones & Laughlin Steel Corporation,” Oyez

“Space Exploration Technologies Corp. v. National Labor Relations Board,” Justia

“Donald J. Trump, President Of The United States, Et Al. V. Gwynne A. Wilcox, Et Al. On Application For Stay,” U.S. Supreme Court

National Labor Relations Board 

Equal Employment Opportunity Commission

ABA Labor and Employment Law Section

ABA Labor and Employment Law events