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NLRB’s Administrative Law Judges Face Existential Challenges

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ince the Supreme Court’s rulings in Loper Bright and Jarkesy, employers have wondered to what degree the High Court’s rulings would affect the National Labor Relations Board (NLRB), which has long regarded itself as being apart from the concerns facing other agencies. Recent actions by the courts, however, have begun to challenge the Board’s s

elf

-regard. Perhaps the most successful Supreme Court challenge to the Board involved its standards for seeking 10(j) injunctions. In a ruling perhaps more important for its implications than its outcome, the Court stripped the Board of its special status and directed federal judges to treat the

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