[Bruce Campbells Chin]

The NLRB has some authority delegated to it by Congress, but its Orders don't have any force standing alone. Enforcement orders must be granted by federal Courts of Appeal.

So Boeing doesn't need to appeal anything. It can ignore the Board unless and until the Board seeks enforcement of the Order with an appropriate court. That's where the real fight will be.

[chimera]

I don't know, it seems kind of dangerous, granting Constitutional authority to an extra-Constitutional agency. That sounds like an end-run around the checks-and-balances established by the Founders when they drafted the Constitution. Obama’s “Czars” were questionable on similar grounds. Having persons or agencies unaccountable to the electorate exercising powers reserved by the Constitution to persons or agencies who are accountable seems a de facto veto by the Executive of powers heretofore reserved to another branch of government. I would then invoke the Separation clause as well as the Commerce clause in challenging the constitutionality of the action.