National Labor Relations Act

His appointments to the National Labor Relations Board, the principal administrative agency handling labor-management conflict, interpreted the 90-year old National Labor Relations Act so as to enhance the rights of workers to organize.

Together they wish to take a wrecking ball to labor law, asserting that the 90-year-old National Labor Relations Act and the independent agency it established are unconstitutional.

By virtue of the National Labor Relations Act’s system of five-year staggered appointments to the NLRB, presidents are able to influence the board’s direction during their four-year terms, but they cannot dominate it or dictate the outcome of a particular case that is before the labor board.

In the 1930s, union militancy was in place at least four years before the National Labor Relations Act became effective.

The National Labor Relations Act makes crystal clear that board members, who serve as specialized judges for labor law, can only be removed from office for “neglect of duty or malfeasance in office, but for no other cause,” and only “upon notice and hearing.”