Posts tagged successor bar
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.
US Brick workers seek to overturn policy preventing them from voting out Teamsters union
March 15, 2022 // “The successor bar undermines the NLRA’s core purpose of employee free choice by disregarding employees’ actual desires and past experiences with their union representative. It also fails to recognize the Board’s highest calling: to conduct elections when there is a question of representation and to ensure employees are represented by a union of their choosing,” Atkins’ request for review states.
Indiana US Brick Employees Challenge NLRB Policy Trapping Them in Teamsters Union Ranks They Overwhelmingly Oppose
March 8, 2022 // NLRB-invented “successor bar” blocks employees’ statutory right to vote out union despite 70 percent of workers wanting Teamsters removed