D.C. Circuit Signals Labor Board Shielded From Chevron’s Shift

The US Court of Appeals for the District of Columbia Circuit has indicated that the US Supreme Court’s landmark decision bolstering judicial review of agency actions will have far more limited application to the National Labor Relations Board than other federal agencies.

In a ruling Friday on a Puerto Rico hospital’s challenge of an NLRB order to bargain with a union, the court reaffirmed that it continues to hold “a very high degree of deference” to the board’s expertise. The court only sets aside an NLRB decision when it upends precedent “without reasoned justification” or when facts clearly don’t support ...