3 ms·
From another source [1]: > The Fifth Circuit found that the ALJ’s safeguards are unconstitutional, and the members’ shields are likely unconstitutional... [Des
by Tadpole9181 1y ago
From another source [1]:
> The Fifth Circuit found that the ALJ’s safeguards are unconstitutional, and the members’ shields are likely unconstitutional... [Despite] the US Supreme Court’s decision in Humphrey’s Executor v. US, a 90-year-old precedent that has long supported the restrictions Congress imposed on the president’s power to dismiss independent agency officials.
And back to TFA:
> Under the still-novel theory of the unitary executive, which holds that the federal agencies that Congress established and presidents signed into law to be independent of presidential power, save only the power to appoint their leaders, are now in violation of the newly discovered right of presidents to completely control these agencies.
It's worth noting that the NLRB is already clinging on with life support. Trump has intentionally (illegally) fired and neglected to replace 3 members now, leaving only 2 acting chairs. This doesn't meet quorum requirements for decision-making, leaving the full appeals process legally impossible to complete and businesses essentially free to violate labor law without fear of consequence until the NLRB is restored.
With this ruling, we may be seeing the final blows dealt to the NLRB, and a signal that companies need not even fear later reprisal.
[1] https://news.bloomberglaw.com/daily-labor-report/spacex-keeps-labor-board-case-frozen-with-fifth-circuit-victory https://news.bloomberglaw.com/daily-labor-report/spacex-keep...
- stego-tech 1y agoThis is the best comment thus far outlining what’s actually going on versus what’s clickbait. It’s a constructive demolition of the institution not by a single Appeal’s Court judgement (there’s still SCOTUS, after all), but by exploiting the weakness inherent in its original designs. This is a tactic we’ll continue to see because Congress has steadfastly refused to remove or address these institutional weakpoints throughout government for half a century, on purpose. The entire point was to tear down anything impeding Capital and enriching labor, regardless of the long-term consequences. That’s succeeding at present, but the bill inevitably comes due, and historically these sorts of personal enrichment schemes at the expense of the masses end in violence and result in a regional or global dark age; I do not expect this time to be any different.
- itsdrewmiller 1y agoEverything from the comment is in the article itself.
- salawat 1y ago>With this ruling, we may be seeing the final blows dealt to the NLRB, and a signal that companies need not even fear later reprisal. This is great news, actually. If Trump is going to debase the National Labor Relations Act by nullifying it's practicability, then that also undoes the social contract created in Taft-Hartley. So, fuck it. Ladies and gentlemen, secondary strikes and wildcat strikes are back on the menu. https://en.m.wikipedia.org/wiki/Solidarity_action https://en.m.wikipedia.org/wiki/Solidarity_action https://en.m.wikipedia.org/wiki/Wildcat_strike https://en.m.wikipedia.org/wiki/Wildcat_strike Full on, unbridled, class war now seems to be the desired outcome of this administration. A time for throwing away the kid gloves and brandishing the brass knuckles again. Capital needs a reminder that greenbacks do not, in fact, make you any better than anyone else. You are still human, with all that entails, and if you piss off the rest of the population enough, there is nowhere left to hide. Oh, but dearest me, shouldn't get so riled up in polite company. Pip pip cheerio.