Austin worker sues Biden-Harris labor board citing constitutional concerns

William L. Messenger Vice President and Legal Director (2023-Present) | NRTWLD&EF, Inc

By Sky Industry News

Nov 1, 2024

Dallas Mudd, an employee of Aunt Bertha operating as FindHelp, has filed a federal lawsuit against the National Labor Relations Board (NLRB). The suit claims that the NLRB's structure violates the U.S. Constitution. Attorneys from the National Right to Work Legal Defense Foundation are representing Mudd in this case, which was filed in the U.S. District Court for the Northern District of Texas.

Mudd's lawsuit follows a previous legal action by his employer against the NLRB, where a federal district court judge ruled in favor of FindHelp and granted an injunction to halt proceedings against them.

In September, Mudd submitted a decertification petition to the NLRB seeking a vote to remove the Office & Professional Employees International Union (OPEIU) from his workplace. However, NLRB officials blocked this election, prompting Mudd to appeal their decision to the full Board in Washington DC.

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The federal lawsuit asserts that Mudd is entitled to have his appeal heard by a federal agency accountable to the president. This case is part of a series of constitutional challenges backed by Foundation attorneys against the NLRB's structure based on separation of powers principles. Among these cases is one challenging NLRB Board Member removal protections currently under review at the DC Circuit Court of Appeals involving Starbucks employees Ariana Cortes and Logan Karam.

Mudd’s complaint references recent Supreme Court rulings such as Seila Law LLC v. CFPB and Collins v. Yellen, which emphasize presidential authority over executive officials with significant authority. He argues that restrictions imposed by the National Labor Relations Act (NLRA) unlawfully limit presidential power over NLRB officials.

Reed Busler, another worker at Starbucks, has filed a similar suit at the same court after his request for an election to remove Starbucks Workers United (SBWU) was also blocked by NLRB officials. In all these cases, employees argue for adjudication before constitutionally compliant Board officials.

National Right to Work Foundation President Mark Mix stated: “Independent-minded workers should not be forced to depend on biased agencies staffed by bureaucrats that exercise power in violation of the Constitution just to free themselves of unwanted union affiliation.” He added that these legal challenges aim “to ensure that the Labor Board functions within law.”