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.

Professor Anne Lofaso claims the Sixth Circuit's ruling would require the Supreme Court to overturn foundational administrative law cases including Chenery II, Wyman Gordon, and Bell Aerospace.

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...

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 ...

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 Administrat...

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.

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.

Management at Woodford Reserve Distillery responded to a union drive by providing a $5 per hour across-the-board raise, expanded merit pay, and free bottles of bourbon.

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.