Waffle House is suing the National Labor Relations Board, arguing that their administrative law process is unconstitutional and denies due process.
Waffle House claims that the insulation of administrative law judges and board members from removal for reasons other than misconduct renders the board's structure unconstitutional.
Several other employers have challenged the NLRB's structure in court, while challenges to individual NLRB rules have largely succeeded.
If Waffle House's lawsuit is successful, it could give the president broader discretion over the operations of the board and cast the NLRB's process for resolving unfair labor practice charges into uncertainty.