Posts tagged National Labor Relations Board v. North Mountain Foothills Apartments

    Research ● Labor

    Protected Wage Talk: Ninth Circuit Reaffirms Employees’ Right to Discuss Wages

    December 9, 2025 // The court also addressed several constitutional challenges raised by NMFA, including the NLRB's for-cause removal protections, adjudication scheme, and combined investigatory and adjudicatory powers. However, it found no merit in NMFA's argument that the NLRB's combined investigatory and adjudicatory functions violated the Fifth Amendment right to due process. The court noted that the NLRB's structure separates investigatory and adjudicatory functions between the General Counsel and the Board, respectively, and NMFA failed to demonstrate any unconstitutional potential for bias.

    administrative law judge due process employee free speech Fifth Amendment free speech Jasper Press National Labor Relations Board v. North Mountain Foothills Apartments Ninth Circuit Court of Appeals NLRB North Mountain Foothills Apartments unfair labor practices wages working conditions