Ninth Circuit Upholds NLRB Authority And Structure – Creating Split With Fifth Circuit

On October 28, 2025, the U.S. Court of Appeals for the Ninth Circuit upheld the structure and authority of the National Labor Relations Board ("NLRB") against three constitutional challenges in NLRB v. North Mountain Foothills Apartments LLC (9th Cir. Oct. 28, 2025).

In enforcing the NLRB's finding that the employer, North Mountain Foothills Apartments ("North Mountain"), committed an unfair labor practice when it fired an employee after he discussed his wages and working conditions with other co-workers, the Ninth Circuit held: (1) the removal protections for NLRB's Administrative Law Judges ("ALJ") do not violate Article II of the Constitution; (2) NLRB's unfair labor practice proceedings do not deprive employers of the right to jury trials; and (3) the NLRB's dual, investigative-adjudicative, role does not violate due process.