Exela Enterprise Solutions v. NLRB
| Docket Number | 21-60426 |
| Decision Date | 22 April 2022 |
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3 cases
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Nat'l Labor Relations Bd. v. Aakash, Inc.
...NLRB v. United Food & Com. Workers Union, Loc. 23, 484 U.S. 112, 124, 108 S.Ct. 413, 98 L.Ed.2d 429 (1987) ; Exela Enter. Sols., Inc. v. NLRB, 32 F.4th 436, 443–44 (5th Cir. 2022).In short, when Congress declared that the General Counsel "shall be appointed ... for a term of four years," it......
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Burnett Specialists v. Abruzzo
...within the General Counsel's office. Thus, they are quintessential prosecutorial functions, and they cannot be reviewed. See Exela Enter. Sols., 32 F.4th at 443 (cleaned up) (quoting 29 U.S.C. § 153(d)) NLRA created the General Counsel to perform quintessentially prosecutorial functions, in......
- United States v. Hanner
2 firm's commentaries
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The National Labor Relations Board 2022 Year In Review ' An Overview Of Major Developments In Labor Law
...Inc., 371 NLRB No. 46 (Dec. 30, 2021), no federal appellate court had decided the issue. In Exela Enterprise Solutions, Inc. v. NLRB, 32 F.4th 436 (5th Cir. 2022), the U.S. Court of Appeals for the Fifth Circuit weighed in and held that President Biden lawfully removed In Exela , a union wo......
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Workplace Review: Change In Presidents Has Begun Its Effect On Federal Labor Law
...lawfully removed former-General Counsel Robb without cause." Exela Enterprise Solutions, Incorporated v. National Labor Relations Board, 32 F.4th 436, 445 (5th Cir. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought a......
1 books & journal articles
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Nlra Case Notes
...AT WILL NLRB v. Aakash, Inc., 58 F.4th 1099 (9th Cir. 2023)Agreeing with the Fifth Circuit's opinion in Exela Enter. Sols., Inc. v. NLRB, 32 F.4th 436 (5th Cir. 2022), the Ninth Circuit held that 29 U.S.C. § 153(d) allows the United States President to remove the Board's General Counsel at ......