Musk Wins, Workers Lose As Court Rules NLRB is Unconstitutional
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Aug. 22, 2025 | WORKERS’ RIGHTS | Multibillionaire Elon Musk won and workers lost as a three-judge panel of the Fifth U.S. Circuit Court of Appeals ruled the National Labor Relations Board’s structure is unconstitutional. If upheld, the August 19 decision, authored by Donald Trump-named Appellate Judge Donnald Willett, throws U.S. labor law up for grabs. Willett’s ruling was approved 3-0 by a panel of three GOP-named judges. It leaves unanswered the question of what comes next. If the decision stands, the U.S. could return to the Wild West days of widespread and sometimes violent corporate repression of workers, reminiscent of the 1930s. But by ruling the NLRB’s makeup, and that of its administrative law judges, unconstitutional, the ruling also could set workers free from the corporate-created obstacle course unions must hurdle to win recognition and achieve first contracts... People’s World
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