Circuit Court Rift Forming on Respect for Labor Board Rulings

Federal appeals courts are beginning to diverge on how the end of the Chevron doctrine impacts judicial review of National Labor Relations Board decisions, dividing on whether they should defer to the agency’s legal conclusions.

Most courts that have evaluated NLRB rulings since the US Supreme Court’s landmark June 28 decision in Loper Bright Enterprises v. Raimondo have continued their longstanding deferential approach to assessing the board’s findings.

The high court’s line of precedent calling for limited judicial oversight of the NLRB’s view on labor law goes back to the New Deal era, long before its now defunct 1984 ruling ...