Austin, TX
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.
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.
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.
Austin, TX
Central Texas aquifers could see slight boost after week of rainfall
AUSTIN, Texas – This week’s rainfall across Central Texas could help to bring a much-needed boost to the region’s aquifers, which have been operating at dangerously low levels.
The backstory:
On Tuesday, the Austin area saw over an inch of rain while Georgetown received close to six inches, as the San Gabriel River rose over six feet throughout the day.
But the heavy downpour was a welcome sight for Shay Hlavaty, the communications and outreach manager at the Barton Springs Edwards Aquifer Conservation District.
Created by the state of Texas in 1987, the District oversees segments of the Edwards and Trinity Aquifers, stretching from South Austin to southern San Marcos.
In total, the portions of the aquifers they oversee provide water to around 100,000 people.
“Groundwater is a significant water source, you know. It’s kind of the unsung hero of Texas,” says Hlavaty.
But over the last few years, the region’s groundwater levels have been in decline.
“Since January 2022, we are missing over a year’s worth of rainfall. So, in the Austin area, we get about 32 to 34 inches a year. And so over that time, we have, you know, a 30-plus inch deficit,” says Hlavaty.
Since October, the District has been under a stage three exceptional drought. Those conditions are determined by two indicators: spring flow at Barton Springs and groundwater levels at the Lovelady Monitor Well.
If either of these locations drops below a drought threshold, the District could declare a more intense drought stage.
By the numbers:
Some of the latest data shows that Barton Springs isn’t performing as it needs to support the ongoing growth of the region.
“To put it into reference, the average since about 1978 at Barton springs is 60 CFS. That’s cubic feet per second. And one cubic foot is about the size of a beach ball, an average beach ball. So, 60 beach balls of water coming out every second from Barton Springs. Before this rainfall, we were closer to 12 CFS, so only 12 beach balls coming out every second, so that’s less than a quarter of average,” says Hlavaty.
That same data also shows that the Lovelady Well is 453.8 feet above mean sea level. That’s only 5 inches above the Stage 4 Emergency Response Threshold.
“This isn’t something that’s going to go away. Even if we busted this drought and get out of it, the next drought is going to be around the corner,” says Hlavaty.
Dig deeper:
But this week’s rain did provide a small boost, helping to prevent the district from potentially falling into a deeper stage of drought.
“So, we’re still in that stage three exceptional level, and this rainfall will help us stay out of that stage four emergency,” Hlavaty told FOX 7. “It’ll help stabilize, if not increase groundwater levels and spring flow.”
The total rainfall for the Austin area in April so far is 4.14 inches, well above the typical total average for the month, which is 2.42 inches. But that sort of above precipitation must continue if there is to be any chance of drought levels decreasing.
“We really need to have above average rainfall for months, if not years, to bust this drought,” says Hlavaty.
What you can do:
As May approaches, which typically brings the most rainfall throughout the year, Hlavaty urges people to cut back on water use when they can, especially watering their lawns, which can consume large amounts of drinking water.
And as Central Texas continues to see a boom in population, combined with hotter than average temperatures for February and March, conservation is as important as ever.
“It’s important to remember that a little bit of rain here, a little bit of rain there, isn’t going to best the drought. So, we all have to do our role to help conserve resources in the meantime,” says Hlavaty.
The Source: Information from interviews conducted by FOX 7 Austin’s Marco Bitonel
Austin, TX
Judge Albright, who oversaw patent litigation boom in Texas, to resign
Austin, TX
Appeals court rules Texas can require public schools to display Ten Commandments in class
DALLAS (AP) — Texas can require the Ten Commandments to be displayed in public school classrooms, a U.S. appeals court ruled Tuesday in a victory for conservatives who have long sought to incorporate more religion into schools.
WATCH: Texas school board approves new course material that includes Bible passages
It sets up a potential clash at the U.S. Supreme Court over the issue in the future.
The 5th Circuit Court of Appeals said in the decision that the law did not violate the First Amendment, which protects religious freedom and prevents the government from establishing a religion.
Texas Attorney General Ken Paxton, a Republican, called the ruling “a major victory for Texas and our moral values.”
“The Ten Commandments have had a profound impact on our nation, and it’s important that students learn from them every single day,” Paxton said.
Organizations representing the families who challenged the law, including the American Civil Liberties Union, said in a statement that they were “extremely disappointed” by the decision.
“The court’s ruling goes against fundamental First Amendment principles and binding U.S. Supreme Court authority. The First Amendment safeguards the separation of church and state, and the freedom of families to choose how, when and if to provide their children with religious instruction. This decision tramples those rights,” the statement said.
The law is among the pushes by Republicans, including President Donald Trump, to incorporate religion into public schools. Critics say it violates the separation of church and state while backers argue that the Ten Commandments are historical and part of the foundation of U.S. law.
The ruling, which reverses a district court’s judgment, comes after the full court heard arguments in January in the Texas case and a similar case in Louisiana. The appeals court in February cleared the way for Louisiana’s law, requiring displays of the Ten Commandments in public school classrooms. The 5th Circuit Court of Appeals voted 12-6 to lift a block that a lower court first placed on the law in 2024.
Texas law took effect on Sept. 1, marking the largest attempt in the nation to hang the Ten Commandments in public schools. About two dozen school districts had been barred from posting them after federal judges issued injunctions in two cases against the law but went up in many classrooms across the state as districts paid to have the posters printed themselves or accepted donations.
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