Lawsuit joins challenges by three other employees against NLRB on grounds that structure of agency violates Article II of the Constitution

Los Angeles, CA (June 14, 2024) – On Tuesday, Victor Avila, an employee of Savage Services Corporation in California, filed a federal lawsuit challenging the structure of the National Labor Relations Board (NLRB) as a violation of the U.S. Constitution. Avila is receiving free legal assistance from the National Right to Work Legal Defense Foundation.

Avila filed Unfair Labor Practice charges with the NLRB against the Teamsters Local 848 union in August 2023. On February 9, NLRB Region 21 in Los Angeles issued a complaint against Teamsters Local 848 on the grounds that the union violated Avila’s rights when the Teamsters, through an agent, had “threatened unit employees with physical violence for not supporting the Union.”

This week a National Labor Relations Board Administrative Law Judge began hearing that case. Soon after that hearing began, Avila’s federal lawsuit was filed in the United States District Court for the District of Columbia, where the NLRB is based. The lawsuit raises fundamental constitutional concerns regarding the removal power vested in the President under Article II of the Constitution. Avila contends that the NLRB, composed of five members with limited removal authority, infringes upon the President’s constitutional prerogative to oversee and remove executive officials who wield substantial executive power. The complaint states that “Avila is entitled to have a constitutionally structured Board, properly accountable to the President, adjudicate his case and rule on his unfair labor practice charge.”

Avila’s lawsuit points to recent Supreme Court rulings, including Seila Law LLC v. CFPB and Collins v. Yellen, which underscored the necessity for presidential control over executive officials exercising significant authority. Avila argues that the NLRB’s structure, as defined by the National Labor Relations Act (NLRA), places impermissible limitations on the President’s removal power, thereby violating the Constitution’s separation of powers doctrine.

Starbucks Employees Also Challenging Federal Labor Board Structure in Two Federal Lawsuits

Avila’s case is not the only federal lawsuit filed by employees challenging the structure of the NLRB as unconstitutional with free legal aid from the National Right to Work Legal Defense Foundation. Three Starbucks employees, each of whom has had their attempt to hold decertification votes to remove unwanted Starbucks Workers United (SBWU) union officials from their workplace blocked by NLRB officials, have made similar arguments in federal lawsuits.

Ariana Cortes and Logan Karam, two Starbucks employees from New York, recently filed an appeal to the D.C. Circuit Court of Appeals in their lawsuit. They are appealing a District Court judge’s ruling that they lacked standing to bring their challenge. The ruling didn’t address the core constitutional arguments their lawsuit raised. Another Starbucks employee, Reed Busler, filed another similar lawsuit that is currently pending in the Northern District Court in Texas.

“Labor law cannot and should not be immune from the requirements of the U.S. Constitution and Mr. Avila is entitled to have his case adjudicated by a constitutionally accountable body,” said Foundation President Mark Mix. “Too often the Biden NLRB has operated like a taxpayer-funded arm of the AFL-CIO, and this case is just one of many where employees are seeking to defend their rights against a biased agency that acts as if it’s power has no limits.”

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.