Bass, Berry & Sims attorney Tim Garrett was quoted in a National Law Journal article examining the U.S. Court of Appeals for the Fifth Circuit’s recent decision that said statutory removal protections for the National Labor Relations Board (NLRB) are unconstitutional. The decision represents a significant split among federal appeals courts.
Tim has recent experience handling a matter that involved a constitutional challenge to the NLRB’s structure. He said he expects the U.S. Supreme Court to eventually weigh in on the NLRB issue.
“It’s a matter of sufficient importance for our national labor policy that I would hope the NLRB would appeal it to the Supreme Court,” Tim said. “I would hope the Supreme Court would take it and answer the question.”
The full article, “‘Run on the Courthouse’: 5th Circuit Ruling May Lead to More Filings to Pause NLRB Proceedings,” was published on September 2 by the National Law Journal and is available online. Tim also co-authored content on this decision for the firm’s HR Law Talk blog post, “Fifth Circuit Rules NLRB’s Removal Protections for Members and ALJs Likely Unconstitutional.”