D.C. Circuit Smacks Down NLRB for Disregarding Own Precedent (1)

The NLRB “miserably failed to explain” part of its ruling that departed from its own controlling precedent on withdrawing union recognition, the D.C. Circuit said in a decision reversing the board’s order against home and automotive product manufacturer Leggett & Platt Inc.

The National Labor Relations Board didn’t sufficiently justify its choice to avoid retroactively applying a decision that it had previously deemed retroactive, the U.S. Court of Appeals for the District of Columbia Circuit said Friday.

The D.C. Circuit’s excoriating opinion overturned a Trump-era board’s decision that benefited a union fighting to continue representing workers at a Kentucky-based ...