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.