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Nelson Medina, a Long Beach, CA-based employee of transportation company Savage Services, has filed a federal lawsuit against the National Labor Relations Board (NLRB), challenging its structure as unconstitutional. Represented by National Right to Work Foundation attorneys, Medina argues that the NLRB's composition violates separation of powers doctrines in Article II of the U.S. Constitution by shielding NLRB officials from presidential removal.
Medina’s case joins three other constitutional challenges to the NLRB’s structure from Foundation-backed workers, including a lawsuit filed on behalf of Buffalo, NY-based Starbucks employees Ariana Cortes and Logan Karam.
Medina's lawsuit references Supreme Court rulings such as Seila Law LLC v. CFPB and Collins v. Yellen, which assert that the President should have direct authority to remove executive officials with significant authority. The complaint contends that the NLRB’s structure under the National Labor Relations Act (NLRA) unlawfully limits presidential power to remove NLRB officials who exercise significant executive authority.
