Bank Hits Federal Labor Board With Constitutional Challenge

Aug. 5, 2024, 3:48 PM UTC

A small Missouri bank is trying to stop National Labor Relations Board prosecutors from pressing ahead with an unfair labor practice case against it by raising constitutional challenges to parts of the agency’s structure.

The protections safeguarding NLRB members and administrative law judges from removal violate the president’s power to fire subordinate officers as set forth in the US Constitution, FCNB Bank argued in an Aug. 3 lawsuit.

SpaceX and an Energy Transfer LP subsidiary won preliminary injunctions last month freezing unfair labor practice cases based on similar constitutional challenges to NLRB officials’ protections against removal.

FCNB Bank’s lawsuit, ...

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