Posts tagged Loper Bright
Supreme Court Declines to Revisit NLRB Deference Post-Loper Bright
March 28, 2025 // In declining to review the underlying Ninth Circuit decision issued on February 20, 2024, the Supreme Court let stand the court’s ruling that upheld the NLRB’s finding that an employer cannot unilaterally cease union dues checkoff after a collective bargaining agreement expires (discussed here). The Ninth Circuit’s decision was predicated on the Chevron standard, which requires deference to the Board’s interpretation of an ambiguous provision of the NLRA – like dues checkoff – if the Board’s interpretation “is rational and consistent with the Act.” The Supreme Court gave no rationale for declining review. Interestingly, this denial of certiorari stands in stark contrast to the Supreme Court’s decision in December 2024 to vacate and remand a D.C. Circuit opinion that upheld a Board ruling on the successor-bar doctrine, where the high court gave specific instructions to review that ruling “for further consideration in light of” Loper Bright, which we covered here.
Sixth Circuit Declines to Defer to NLRB Decision Citing Loper Bright
August 29, 2024 // Whether the 6th Circuit’s viewpoint becomes the model for the other Courts of Appeals remains to be seen, but if other courts adopt the 6th Circuit’s invocation of the Loper Bright decision in NLRB enforcement cases, this may in time produce a clear, predictable set of labor law standards from the federal courts.
Lawmakers put federal agencies on notice after end to Chevron deference
July 12, 2024 // Comer noted that he has also joined lawmakers in sending letters to an array of agencies that face a similar review, including: AmeriCorps Board of Governors of the Federal Reserve System Consumer Financial Protection Bureau Council on Environmental Quality Department of Agriculture Department of Commerce Department of Education Department of Energy Department of the Interior Department of Health and Human Services Department of Homeland Security Department of Labor Department of State Department of Transportation Department of the Treasury Department of Veterans Affairs Environmental Protection Agency Equal Employment Opportunity Commission Federal Deposit Insurance Corporation National Credit Union Administration National Labor Relations Board Office of the Comptroller of the Currency Office of the United States Trade Representative Securities and Exchange Commission Small Business Administration Social Security Administration