Dallas Mudd challenges NLRB structure with foundation-backed lawsuit

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Dallas Mudd challenges NLRB structure with foundation-backed lawsuit

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

By Sky Industry News

May 26, 2025

In November, Dallas Mudd, an employee at the online social service coordination platform Findhelp, initiated a federal lawsuit against the National Labor Relations Board (NLRB), challenging its constitutionality. The case was filed in the U.S. District Court for the Northern District of Texas and is part of a broader legal campaign by the National Right to Work Foundation.

Mudd's legal action followed his attempt to decertify the Office & Professional Employees International Union (OPEIU) from his workplace. His petition for a vote was blocked by NLRB officials based on unverified charges made by union leaders against Findhelp. In response, Mudd appealed to the full NLRB in Washington, D.C., while simultaneously filing a federal lawsuit questioning the removal protections of NLRB members.

A request for a preliminary injunction was also submitted by Mudd's attorney to halt NLRB proceedings on his appeal until the constitutional issues are addressed. He claims ongoing harm from engaging with an agency he believes is structured unconstitutionally.

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This lawsuit is one among five backed by the National Right to Work Foundation targeting NLRB's structure. A similar case involves New York Starbucks employees Ariana Cortes and Logan Karam, whose challenge against NLRB Board Member protections is under review at the D.C. Circuit Court of Appeals.

The Foundation argues that many major employers have adopted these constitutional arguments against what they term as a pro-union bias within the Biden-Harris administration’s NLRB.

Patrick Semmens, Vice President of the National Right to Work Foundation, stated: "Independent-minded workers should not be forced to depend on biased agencies staffed by bureaucrats who exercise power in violation of the Constitution."

He further emphasized that "the Constitution does not permit a powerful federal agency to operate as judge, jury, and executioner without proper oversight," adding that "federal labor law is not exempt from the requirements of the U.S. Constitution."

Findhelp has already secured an injunction against similar actions from NLRB in its own case presented in federal district court.