Will SEC v. Jarkesy Reshape How the NLRB Operates? Fifth Circuit Bars NLRB From Prosecuting Unfair Labor Practices: Implications for Employers

On August 19, 2025, the Fifth Circuit Court of Appeals upheld injunctions barring the National Labor Relations Board (NLRB) from prosecuting unfair labor practices (ULP)/charges against three employers, including Space X. This decision stems from the constitutional challenges to the way the NLRB is structured and raises broader questions about the current structure of the NLRB.