Samuel Estreicher, G. Roger King, and David S. Sherwyn examine the likely Supreme Court reversal of Humphrey’s Executor, which protects independent agencies from presidential removal, and they propose restructuring the National Labor Relations Board (NLRB) as a purely adjudicatory “Labor Court” to survive this constitutional challenge. The authors suggest converting the NLRB into a six-member tribunal (two Democrats, two Republicans, and two Independents) with only judicial functions, while transferring all executive and enforcement powers to the General Counsel who would remain removable at-will by the President, thereby preserving the agency's core functions while satisfying constitutional concerns about presidential control.
NYU Law professor Samuel Estreicher examines how recent Supreme Court decisions expanding presidential removal power threaten the constitutional structure of the National Labor Relations Board, tracing the evolution from Humphrey’s Executor (which upheld independent agencies) through Morrison v. Olson, Free Enterprise Fund, and Seila Law. Professor Estreicher argues that while the NLRB’s current structure faces serious constitutional challenges under the Court’s “unitary executive” jurisprudence, the agency might survive either through judicial recognition that it does not exercise “substantial executive power” or through congressional restructuring to separate its adjudicatory functions from its enforcement powers.
NYU Law professor Samuel Estreicher discusses pragmatic, bipartisan labor law reforms designed to enhance the stability, fairness, and durability of union representation processes, the authority of the NLRB, and employer-employee relations in both union and non-union settings. Professor Estreicher argues that rather than sweeping partisan overhauls like the PRO Act, sensible reforms such as strengthening secret-ballot elections, improving NLRB remedies, allowing varied union structures, and fostering constructive dialogue in non-union workplaces can result in more lasting and effective labor policy.
NYU Law professor Samuel Estreicher and 3L Christopher S. Owens criticize a recent decision by the National Labor Relations Board (NLRB), in which it reversed course and rejected employee access to company email to discuss union issues. Estreicher and Owens explain that the NLRB commonly reverses its position on key policy issues such as this one when the political party in the White House changes, and they call for reforms that would make the administration of labor law more consistent and reliable.
