CDF Partner Mark S. Spring Quoted in Bloomberg Law on NLRB Removal Protections and Employer Litigation Strategy

CDF Labor Law LLP Partner Mark S. Spring was recently quoted in an August 13, 2026 Bloomberg Law article, “NLRB Removal Protections Ruling Clouds Outlook for Halting Cases.”

The article examines a developing split among federal courts over what remedy employers may obtain when challenging the constitutionality of removal protections for National Labor Relations Board members and administrative law judges. While some employers have pursued constitutional challenges as a strategy for obtaining injunctions that halt NLRB proceedings, recent decisions suggest courts may instead sever the challenged removal protections and allow the underlying labor case to continue.

Mark explained that this changing landscape alters the risk-benefit analysis for employers considering a constitutional challenge. In addition to the significant cost of pursuing collateral federal litigation, employers must consider the practical consequences of challenging the authority and protections of the agency officials involved in their underlying NLRB proceeding.

Mark noted that employers must weigh not only the cost of bringing a constitutional challenge, but also the potential impact on their relationship with the Board if the underlying proceeding ultimately continues. As Mark told Bloomberg Law:

“Why swing for the fences, which is essentially what the unconstitutional argument is, if they take away the home run?”

The article notes that if courts increasingly decline to halt NLRB proceedings as a remedy, employers may have less incentive to pursue these constitutional challenges because they could assume the expense and strategic risks of additional litigation without obtaining the primary benefit they sought—stopping the underlying Board case.

Read the Bloomberg Law article here.

Reproduced with permission. Published Aug 13, 2026. Copyright 2026 by Bloomberg Industry Group (800-372-1033) http://www.bloombergindustry.com.