Labor Board Has Fallback if Justices Overturn Agency Deference

The US Supreme Court’s anticipated gutting of a longstanding doctrine of judicial deference toward federal agencies’ interpretations of ambiguous laws could have a lesser impact on the National Labor Relations Board, an agency official said.

Deference for NLRB decisions predates the “Chevron doctrine,” which allows agencies to fill in policy gaps in vague statutes, Ruth Burdick, NLRB deputy associate general counsel for the Appellate and Supreme Court Branch, said Tuesday.

The Supreme Court is reconsidering the doctrine in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. By the end of June, the justices are expected ...