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
Live updates: Flash Flood emergency in Kerr County as rain continues to pound Texas
KERRVILLE, Texas (KXAN) — The City of Kerrville issued a shelter-in-place Thursday morning, with heavy rain causing reported evacuations early Thursday morning. A Flash Flood Warning is currently in place for Kerr County as the Guadalupe River continues to rise.
Around 5:30 a.m., the National Weather Service said a “large and deadly flood wave is moving down” the Guadalupe River.
KXAN First Warning Weather Meteorologist Kristen Currie said approximately 11 inches of rain have fallen northwest of Kerr County since 10 p.m. on Wednesday. The Guadalupe River is expected to reach major flood stage in multiple areas.
Kerr County PIO Lisa Walter said “there have been multiple swift water rescues and evacuations.” Officials emphasized not to drive through flooded streets and to turn around if water covers the roadway.
Evacuations were underway in multiple areas, according to the county, including:
- Goat Creek
- Arcadia Loop
- Lowery/Guadalupe area
- Junction Highway low-water crossings
- Other low-lying neighborhoods
Emergency shelters are open at Impact Church (Goat Creek evacuation point), Calvary Temple Church and City West Church for people in West Kerr County, the county said.
Here are the latest headlines:
Live updates
7:03 a.m.: KXAN’s Kevin Baskar is in Gillespie County providing updates on the latest flood conditions in the area. Watch his update below.
6:37 a.m.: Kerr County officials emphasized not to drive through flooded streets and to turn around if water covers the roadway.
Evacuations were underway in multiple areas, according to the county, including:
- Goat Creek
- Arcadia Loop
- Lowery/Guadalupe area
- Junction Highway low-water crossings
- Other low-lying neighborhoods
Emergency shelters are open at Impact Church (Goat Creek evacuation point), Calvary Temple Church and City West Church for people in West Kerr County, the county said.
6:27 a.m.: Video shows emergency crews hauling boats and rescue equipment through Kerrville.
6:15 a.m. NewsNation correspondent Xavier Walton and his photographer captured a structure being swept up in river water and crashing into a Kerrville bridge. The structure appears to be some sort of shipping container, pushing against the bridge.
Watch the video below:
6:08 a.m.: Kerr County PIO Lisa Walter confirms “there have been multiple swift water rescues and evacuations.”
6:02 a.m.: The Guadalupe River at Center Point is expected to crest at 35 feet, which is the same crest as July 4, 2025.
5:57 a.m.: The National Weather Service said “a large deadly flood wave” is moving down the Guadalupe River.
5:49 a.m.: The Comfort Volunteer Fire Department said it has units in Kerrville and Centerpoint alerting people along the Guadalupe River. They’re helping Kerr County with evacuations along Highway 27 between Comfort and Centerpoint. They said all VFD personnel are OK.
5:30 a.m.: The Kerr County Sheriff’s Office said in a Facebook post that it’s received reports of “street flooding in Ingram, and it’s likely many roads and city streets are flooded as well.”
Austin, TX
Austin Pets Alive! activates emergency response to assist shelters affected by flooding
AUSTIN (KXAN) — As flood threats continue across parts of South Central Texas, Austin Pets Alive! has activated emergency response efforts to support animal shelters affected by the inclement weather.
In a social media post, APA! wrote, “We began offering aid last night, working to secure fosters for 10 dogs in the Castroville shelter, an open-air shelter that sits at the bottom of a valley.”
APA! said the situation escalated overnight with additional shelters reporting flooding. One shelter confirmed that floodwaters reached its facility, APA! added.
Communities overwhelmed due to weather include Uvalde, Castroville and Sabinal.
The nonprofit is asking the Austin community to foster, adopt or donate to free up capacity for animals displaced by the disaster. APA! needs to clear out its facilities to assist the animals in need of shelter.
Here are ways you can help:
- Adopt: APA! is offering a “Name Your Own Adoption Fee” on all animals.
- Foster: The shelter is seeking foster homes for a minimum of three weeks.
- Donate: Proceeds will fund vans and response teams setting up a staging and triage center at the heart of the disaster zone, along with an expanded stockpile of preventatives, PPE and additional supplies.
If you would like to donate, click here.
Austin, TX
Austin proposes more flood mitigation funding as heavy rains threaten Central Texas
AUSTIN, Texas — With heavy rain expected across parts of Central Texas this week and flooding top of mind, the city of Austin is proposing to put more money toward flood mitigation improvements in next year’s budget.
The proposal would invest in new flood infrastructure, add staff, and help move flood mitigation projects forward, according to city leaders. Austin City Councilmember Ryan Alter said the investments are aimed at keeping the city prepared for future flooding.
Residents who live near waterways say they have seen how quickly conditions can change. David Haderspeck, who lives near Shoal Creek, said the creek “fills up pretty fast” and “gets a lot higher than you’d expect.” He said he has watched the water rise dramatically after rain.
“I’ve seen it come up probably 10 to 15 feet to the ordinary high-water mark,” he said.
This week, parts of Central Texas, including the Hill Country, are expected to get heavy downpours. While Austin is not expecting the same impacts as parts of the Hill Country, leaders said the city is using this year’s budget planning to continue investing in flood safety.
Alter said the city has the expertise to address flooding risks but needs to follow through on projects.
ALSO| Central Texas urged to prepare as heavy rainfall sits in forecast over next two days
“We have the experts. We just have to put the plans into practice, and that’s what we’re doing in this budget,” he said.
Under the budget proposal, the city would provide about $134.5 million for the Drainage Utility Fund, which helps pay for flood mitigation, drainage infrastructure and watershed protection efforts.
Alter said the proposal would shift more of the funding balance toward building new infrastructure.
“What we’re going to do is shift that balance a little bit more to building new infrastructure so that when we do have large flooding events, we’ve got that infrastructure in place to keep people safe,” he said.
The proposal also adds staff and invests in both new and existing flood mitigation projects across the city.
Asked whether the proposed investments would be enough moving forward, Alter said, “I do…I think we’re doing the right thing and just making sure that our residents have the infrastructure to stay safe.”
Alter said heavy rain cannot be prevented, but the city’s goal is to have infrastructure in place to help keep people safe when it happens.
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