NLRB Asks Court to Strike Removal Protections

Agency seeks to weaken its own administrative independence in unfair labor practice case

Apr. 13, 2026 at 10:08am

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A dynamic, abstract painting featuring fragmented shapes and forms in shades of navy, teal, and crimson, conceptually representing the shifting balance of power between government institutions.The NLRB's surprising move to undermine its own administrative independence could reshape the power dynamics between the agency and the executive branch.Fort Worth Today

The National Labor Relations Board (NLRB) has asked a federal court to declare unconstitutional the provisions in the National Labor Relations Act that restrict the President's ability to remove NLRB Board Members and administrative law judges. This is a remarkable step by the Board to attempt to weaken its own administrative independence in an ongoing unfair labor practice case against Energy Transfer LP.

Why it matters

The NLRB's change in position reflects a broader wave of challenges to the Board's constitutional structure and its efforts to clear a large backlog of cases. This concession could have significant implications for the NLRB's independence and the balance of power between the agency and the executive branch.

The details

In the case Energy Transfer LP v. NLRB, the energy company sought a permanent injunction arguing the NLRB proceeding was unconstitutional due to the removal protections for Board Members and administrative law judges. In a surprising move, the NLRB cross-moved for summary judgment, asking the court to sever the removal protection provisions and rule them unconstitutional. The Board argued this would eliminate the constitutional defect and allow the unfair labor practice complaint to proceed, aligning with the principle of close presidential supervision.

  • On March 23, 2026, the NLRB filed the motion in the Southern District of Texas case.
  • The case is before Judge Jeffrey V. Brown, who was appointed by President Trump in 2019.

The players

National Labor Relations Board (NLRB)

The independent federal agency responsible for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices.

Energy Transfer LP

An energy company that is the defendant in the unfair labor practice case brought by one of its employees.

Judge Jeffrey V. Brown

The federal judge presiding over the Energy Transfer LP v. NLRB case, appointed by President Trump in 2019.

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What’s next

The court will rule on the NLRB's motion to strike the removal protection provisions.

The takeaway

The NLRB's concession to weaken its own independence reflects the agency's efforts to clear its backlog of cases, but also raises broader questions about the balance of power between the NLRB and the executive branch.