Posts tagged Administrative Law
Walking Dead Production Driver Defends Victory over Teamsters for Unlawful Discrimination in Rigged “Hiring Hall”
September 2, 2025 // Virginia-based driver asks National Labor Relations Board to order notification and compensation of other victims of Teamsters’ discriminatory scheme
Some Workers Try to Free Themselves from Unionization, Biden Officials Try to Dragoon More In
January 5, 2024 // If the union loses the election, it often files an “unfair labor practice” charge against the company, seeking to invalidate the election. It used to be that after such a charge (assuming that an NLRB administrative law judge found it credible, which was usually the case), the remedy would be to order a new election. But now, the NLRB is making the remedy an order that the union has “won” and that the company must bargain with it. (Compulsory bargaining is another concept that’s contrary to the freedom that common law protected.) That was the ruling in I.N.S.A, Inc. This is “administrative law” at its worst. Under the Constitution, Congress, not unelected bureaucrats, is supposed to make the laws. But Biden’s pro-union appointments to the NLRB are determined to make the law under the guise of “interpreting” the NLRA. This ruling will lead to more compulsory unionism.
Commentary: Is the NLRB Unconstitutional? The Courts May Finally Decide.
December 6, 2023 // While many agencies act politically, the Board is a special problem. Unlike other agencies, the Board makes almost all its decisions not through rulemaking, but through one-off panel decisions. That means it can change policy much faster. The “law” can swing wildly from case to case. In fact, according to one study, the Board during the Obama administration reversed a group of decisions that had been on the books for more than a collective 4,500 years. The Board’s constitutional flaws are also different from those of other agencies. For example, in a recent case involving the SEC, the Fifth Circuit Court of Appeals held that the agency’s structure violated the Seventh Amendment. That was because the SEC can impose civil fines—the kind of claims that must be tried to a jury. The Board has no authority to impose civil fines, so it doesn’t have the same Seventh Amendment problem. Its problem instead comes instead from its unchecked power to decide cases. It controls the outcome in disputes affecting a range of private rights. And those disputes, according to Article III of the Constitution, should be decided only by real judges.