Webinar: Will the National Labor Relations Act (NLRA) be Declared Unconstitutional?
Does the NLRB’s lack of a jury trial and insulation of administrative law judges (ALJ) from presidential removal render the National Labor Relations Act (NLRA) unconstitutional? The Supreme Court’s decision in SEC v. Jarkesy, No. 22-859 (2024) raises whether the NLRB can continue to rely on ALJs – a problem since the NLRB, unlike the SEC, likely does not have authority to file enforcement proceedings in district court. In SpaceX v. NLRB, a Texas district court relied on Jarkesy to bar the NLRB from going forward, putting the issue squarely on the table. Join a balanced discussion with Faculty Director Samuel Estreicher (Dwight D. Opperman Professor of Law, NYU School of Law)(moderator), Richard F. Griffin, Jr. (Bredhoff & Kaiser, former NLRB General Counsel), Prof. David L. Noll '08 (Rutgers Law), and Howard Z. Robbins '94 (Proskauer). This online event is applying for one NYS CLE in Professional Practice. Organized by the NYU Center for Labor and Employment Law and the Institute of Judicial Administration. Register here.