The NLRB recently ruled that the ACLU must answer to them in an allegation of unfair labor practices instead of forcing the employee into binding arbitration. The NLRB will defer to arbitration where it is part of a collective bargaining agreement, but not where there is no such agreement. Although the ACLU has historically opposed mandatory arbitration agreements in employment agreements, apparently that should have no application to themselves.
Further, they are taking a torched-earth approach to the Biden administration and the NLRB.
In addition to trying to expand the scope of mandatory arbitration, the ACLU is also arguing that the current general counsel (GC) of the NLRB, Jennifer Abruzzo, was appointed unconstitutionally because President Biden did not have the right to remove her predecessor, Peter Robb, before his four-year term as GC had ended. Biden fired Robb on the first day of his presidency and is the first president to ever fire an NLRB GC.
According to the ACLU’s answer, because Robb was unconstitutionally fired, Abruzzo was unconstitutionally appointed and therefore lacks the authority to prosecute the ACLU for unfair labor practices. If this argument prevails, then it could potentially invalidate everything the Biden board has done as it is all dependent, in one way or another, on the actions taken by GC Abruzzo.
Jacobin The Federalist Society highlights the ACLU’s strange position here.