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Austin Worker Files Lawsuit Arguing NLRB Violates US Constitution

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Austin Worker Files Lawsuit Arguing NLRB Violates US Constitution


The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, January/February 2025 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.

Case joins others for employees nationwide arguing Labor Board’s structure is illegal

Dallas Mudd helps connect people with the social services they need, and his and many other workers’ ability to do their important work shouldn’t be stymied because unaccountable NLRB bureaucrats are forcing union “representation” on them.

AUSTIN, TX – In November, Dallas Mudd, an employee for online social service coordination platform Findhelp, filed a federal lawsuit against the National Labor Relations Board (NLRB) on the grounds that the agency’s structure is unconstitutional. Mudd’s case, filed in the U.S. District Court for the Northern District of Texas, is the latest in a series of legal actions by National Right to Work Foundation staff attorneys for employees challenging the NLRB’s authority.

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Mudd’s case comes after he filed a decertification petition with the NLRB, seeking a vote to remove the Office & Professional Employees International Union (OPEIU) from his workplace. However, NLRB officials blocked the vote, disenfranchising Mudd and his colleagues on the basis of unproven charges union bosses made against Findhelp. Mudd appealed the decision to the full NLRB in Washington, D.C., while also filing a federal lawsuit to challenge NLRB members’ removal protections.

Shortly after the lawsuit was filed, Mudd’s Foundation attorney also asked the Northern District Court of Texas to issue a preliminary injunction stopping the NLRB from adjudicating his appeal until the issue of the NLRB’s constitutionality is resolved. Mudd argues that he is suffering ongoing and irreparable harm by being forced to navigate a statutory process before an agency that he claims is unconstitutionally structured.

Constitutional Challenge: A Broader Legal Campaign

Meanwhile, in its own case against the NLRB, Findhelp has successfully secured an injunction against the NLRB in a federal district court making arguments similar to those raised by Mudd.

Mudd’s lawsuit follows four other constitutional challenges backed by the National Right to Work Foundation, targeting the NLRB’s structure. This includes a case for New York Starbucks employees Ariana Cortes and Logan Karam, who filed the first constitutional challenge to NLRB Board Member protections.

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Their case is currently being briefed at the D.C. Circuit Court of Appeals, but since their groundbreaking lawsuit, numerous major employers have utilized the arguments first made in federal court by Foundation staff attorneys to challenge the radically pro-union boss BidenHarris NLRB.

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

“The Constitution does not permit a powerful federal agency to operate as the judge, jury, and executioner without proper oversight.

“Contrary to the wishes of Big Labor bosses, federal labor law is not exempt from the requirements of the U.S. Constitution,” added Semmens.

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Austin, TX

Austin Animal Services Hosts Free Spay/Neuter Clinic

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Austin Animal Services Hosts Free Spay/Neuter Clinic


Austin Animal Services is hosting a free, high-quality, high-volume spay/neuter for cats and dogs now through March 2 in North Austin.

The five-day clinic, which is being held in partnership with Greater Good Charities, is taking place at 11580 Stonehollow Dr., Suite 160. Registration and drop-off begin on-site each day from 7:30-10 a.m. or until capacity is reached.

In addition to free spay/neuter surgeries, pets receiving surgery will also receive vaccinations, flea and tick prevention, and microchips, ensuring that they return home healthier and better protected.

Spaying and neutering is the most effective tool in preventing unplanned litters and reducing the number of stray and surrendered animals entering local shelters. Managing overpopulation helps individual owners and also strengthens community health by reducing roaming animals, easing shelter overcrowding, and decreasing long-term strain on animal welfare resources.

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This is the seventh free clinic the city has hosted since 2024. The previous six clinics provided spay/neuter services to more than 6,000 pets. The upcoming clinic is expected to complete approximately 1,200 surgeries in just five days. It is a significant investment in prevention that helps reduce future shelter intake and supports responsible pet ownership across Austin.

High-volume, high-quality spay/neuter clinics offered at no cost are rare, and many pet owners face procedure costs ranging from $75 to several hundred dollars, along with wait times that can stretch for weeks or months. This clinic removes those barriers by providing same-day services at no charge.

“This clinic is about prevention,” said Austin Animal Services Director Monica Dangler. “When we provide accessible spay and neuter services, we’re helping families care for their pets while also reducing strain on shelters like ours and improving safety across our community.”





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Austin, TX

Why is Austin so warm in February?

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Why is Austin so warm in February?


February is typically one of our cooler months in Austin, Texas.

In 2021, a series of ice storms and snow storms caused mass chaos and is a winter storm that Austinites will never forget. Now, instead of worrying about scraping ice off of our cars, we’re grabbing the swimsuits.

Austin is in the midst of one of the warmest February’s in the city’s history. This year’s January cold snap lingered around for Feb. 1, but since then, only two days have been slightly below average. Compare that with 20 days above average, with the rest of this month expected to have temps in the mid to upper 80s.

But how does this compare to our warmest February ever? We don’t have to go back too far to find the hottest February on record in 2017. The average high temp was 76.5 degrees with 12 out of the 28 days spent above 80 degrees.

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Other years in the top 5 were 1999, 1976, and 1957 with each year having numerous days above 80 degrees. So far, 2026 has ten. Plus, I’m forecasting 2 more 80 degree days. Should we hold onto this weather pattern, this will be in the top five hottest February’s of all-time.

Austin is in the midst of one of the warmest February’s in the city’s history. (Graphic: Michael Crowley)

For some, this heat may be just another day to grab the swimsuit or head outside and work up a sweat, but this has meteorologists sweating for different reasons. We are in a serious drought now.

The latest drought monitor released on Feb. 26, 2026 has 9 of the 13 counties in the CBS Austin viewing area in an “extreme drought,” which is the second worst category of drought conditions.

The latest drought monitor released on Feb. 26, 2026 has 9 of the 13 counties in the CBS Austin viewing area in an

The latest drought monitor released on Feb. 26, 2026 has 9 of the 13 counties in the CBS Austin viewing area in an “extreme drought,” which is the second worst category of drought conditions. (Graphic: Michael Crowley)

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In the past 190 days, two of those days have had rainfall over 1 inch. Our current streak of 123 days in a row with less than 1 inch in rainfall is one of the longest since 2000.

Combine the heat and the rainless days, and you get a flash drought. Opposite of a flash flood, hot temperatures rapidly dry out the soil and drought conditions can worsen quickly. With the dehydrated vegetation, dry air, and above average temperatures, you’re now looking at dangerous fire weather.

We’ve already had several fires reported across Central Texas in just the past week. The Nebo Mountain Fire in Gillespie County and the Cedar Gulch Fire in Burnet County. With this above average heat and below average precipitation, we are especially vulnerable.

But there is some good news.

The start of March looks to be starting off very warm, but our pattern looks to become a bit more active. Our long-term futurecasts look to be favoring more showers and storms possible for the first few weeks of March.

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Remember that we are also getting closer to our severe weather season. So while we do need the rain, we must remain safe in case we get locally high rainfall amounts in these thunderstorms and be mindful of tornadoes and damaging winds.

Hopefully we can see an improvement in this drought and heat, but history is made in different ways every year nowadays. Maybe it’ll be for the right reasons this time around.



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Austin, TX

Central Texas Cities Balance Data Center Proposals

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Central Texas Cities Balance Data Center Proposals


Cheers and sobs filled San Marcos City Hall early Wednesday as City Council voted 5-2 to deny a proposal for a nearly 200-acre data center campus on Francis Harris Lane. The project was pitched as a roughly $1.5 billion complex with five buildings, each designed for about 76 megawatts near the Hays Energy Power Station […]



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