In Space Exploration Technologies Corp. v. National Labor Relations Board (the “SpaceX Case”), the U.S. Court of Appeals for the Fifth Circuit upheld injunctions issued by federal district courts in Texas. The injunctions were issued in cases brought by three separate employers who challenged adverse Board rulings and asserted that the structure of the Board itself violated the U.S. Constitution. Although the Fifth Circuit’s ruling does not render the Board itself unconstitutional, it provides employers with a blueprint for pausing ongoing Board proceedings or potentially barring them altogether.

Background

The SpaceX Case stems from unfair labor practice complaints issued by the Board’s regional office against three employers, each of which filed a lawsuit in federal district court

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