The National Labor Relations Board (NLRB) denied Mauser Packaging Solutions' motion to dismiss the complaint in Case 06-CA-358035. The company had argued that the complaint failed to state a claim upon which relief could be granted and that it was entitled to judgment as a matter of law based on an alleged unconstitutional structure of the Board. Specifically, Mauser Packaging Solutions contended that the removal protections afforded to Board members and administrative law judges render them unconstitutionally insulated.

The Board rejected this argument, relying on precedent that requires a party to demonstrate actual harm resulting from the allegedly unconstitutional provisions to succeed on such a claim. The Board cited SJT Holdings, Inc., Collins v. Yellen, Calcutt v. FDIC, and K & R Contractors, LLC v. Keene to support the principle that a party cannot obtain relief based on a constitutional defect without showing personal injury. Since Mauser Packaging Solutions failed to present evidence of any harm suffered due to the Board's removal protections, their motion was denied. The denial was without prejudice, allowing the company to raise these arguments before the administrative law judge and on any subsequent exceptions to the judge's decision.

Significant Cases Cited

• SJT Holdings, Inc., 372 NLRB No. 82 (2023): This case, referenced by the Board, supports the denial of relief on constitutional grounds if the party moving for dismissal has not demonstrated any harm resulting from the alleged constitutional infirmity.
• Collins v. Yellen, 594 U.S. 220 (2021): This Supreme Court decision provided authority for the principle that plaintiffs must demonstrate a concrete injury to bring a constitutional claim regarding removal protections.
• Calcutt v. FDIC, 37 F.4th 293 (6th Cir. 2022), rev’d per curiam on other grounds 598 U.S. 623 (2023): This appellate court decision, though later reversed on other grounds, addressed the issue of constitutional standing and the requirement for a showing of harm.
• K & R Contractors, LLC v. Keene, 86 F.4th 135 (4th Cir. 2023): This case reinforced the requirement that a party must assert harm resulting from allegedly unconstitutional statutes to prevail on such challenges, regardless of the underlying constitutional question.

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