WASHINGTON (Legal Newsline) - A man with a gripe against a union is now suing the National Labor Relations Board, arguing its structure is unconstitutional.
Victor Avila, an employee of Savage Services Corporation in Wilmington, California, filed a lawsuit June 11 in D.C. federal court against the National Labor Relations Board (NLRB).
Avila challenges the constitutionality of the NLRB's structure, arguing that it violates Article II of the U.S. Constitution by limiting the President's ability to remove board members only for "neglect of duty or malfeasance in office." This limitation, according to Avila, undermines the President's executive power to appoint, supervise, and remove federal officers.
Avila's complaint stems from an unfair labor practice charge he filed against Teamsters Local 848 on August 22, 2023. The NLRB issued a complaint against Teamsters Local 848 on February 9, 2024, alleging that one of its agents threatened Avila for engaging in protected activity. A hearing began on June 11, 2024.
The lawsuit cites several Supreme Court cases to support its argument that federal officials who exercise substantial executive power must be removable by the President. Avila seeks a court declaration that the NLRB's structure is unconstitutional and requests an order striking down the removal restrictions.
Glenn Taubman of the National Right to Work Legal Defense Foundation represents Avila.