National Labor Relations Board

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National Labor Relations Board, mentioned 9 times across podcast episodes and expert conversations analyzed by Sonic.

What National Labor Relations Board has said

Professor Anne Lofaso asserts that the Sixth Circuit's ruling against the NLRB contradicts established Supreme Court precedent, which has consistently allowed the board to choose between policymaking through rulemaking or adjudication.

bearish·Anne Lofaso

The Sixth Circuit ruled that the NLRB's Cemex framework was an unlawful legislative rule that could not be adopted through adjudication and required notice-and-comment rulemaking under the Administrative Procedure Act.

bearish·Anne Lofaso

The U.S. Court of Appeals for the Sixth Circuit ruled in a 3-2 decision that the National Labor Relations Board overstepped its authority by creating a new framework for policing union elections through an individual case decision.

bearish·June Grasso

Expert perspectiveAnne LofasoMay 19

Official sourceJune GrassoMay 19

Professor Anne Lofaso predicts that the Fifth and Eleventh Circuits will likely adopt the Sixth Circuit's reasoning, creating a deep circuit split on the NLRB's policymaking authority.

SpeculativeAnne LofasoMay 19

The National Labor Relations Board has a policy of non-acquiescence, meaning it will continue to apply its national rule and only follow a contrary circuit court ruling within that specific circuit.

Expert perspectiveAnne LofasoMay 19

The National Labor Relations Board has only engaged in formal rulemaking approximately four times in its 90-year history, conducting almost all of its policymaking through adjudication.

Expert perspectiveAnne LofasoMay 19

Professor Anne Lofaso argues that the Sixth Circuit's ruling, if upheld, would slow down a future Trump-appointed Republican majority at the NLRB by preventing them from making policy through adjudica...

Expert perspectiveAnne LofasoMay 19

Under the NLRB's Cemex framework, if a union presents evidence of majority support, an employer must either voluntarily recognize the union or file for an election within two weeks.

Expert perspectiveAnne LofasoMay 19

The National Labor Relations Board is asking the full U.S. Court of Appeals for the Sixth Circuit to review its recent decision en banc.

Official sourceJune GrassoMay 19

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