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The NLRB public website may experience intermittent outages during scheduled maintenance activities
on Wednesday, October 23rd, 2019 from 10:00 PM until Thursday, October 24th 2:00 AM EDT.

We apologize for any inconvenience this may cause.

Effective October 21, 2019, parties to unfair labor practice or representation cases processed in NLRB Regional Offices must submit all written statements, correspondence, position statements, documentary or any other evidence through the Agency’s electronic filing system (E-Filing). 

Click on the NLRB’s NEW My Account Portal Link to

·        Create an account or access your existing  E-Filing account

·        View your E-Filing History

·        E-File documents in a case or inquiry to which you are a party

·        Manage the contact information associated with your account.

NLRB Administrative Law Judges Validly Appointed

Washington, D.C.—The National Labor Relations Board today rejected a challenge regarding the appointment of its administrative law judges ("ALJs"), concluding that all of the Board’s ALJs have been validly appointed under the Appointments Clause of the United States Constitution.

On June 21, 2018, the Supreme Court issued its decision in Lucia v. SEC, 585 U.S. ___, 138 S. Ct. 2044 (2018), finding that administrative law judges of the Securities and Exchange Commission (“SEC”) are inferior officers of the United States and thus must be appointed in accordance with the Appointments Clause, i.e., by the President, the courts, or the Head of Department. Id. at 2051. Unlike the SEC’s ALJs, the NLRB’s ALJs are appointed by the full Board as the “Head of Department” and not by other Agency staff members.

The challenge was raised by WestRock Services, Inc. (“WestRock”) in Case 10-CA-195617 on a motion to dismiss. Chairman John F. Ring was joined by Members Mark Gaston Pearce, Lauren McFerran, Marvin E. Kaplan and William J. Emanuel in the order denying WestRock’s motion. 

 

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