Top NLRB Lawyer’s Prosecutorial Power Debated at Fifth Cir. (1)

United Natural Food Inc. argued that a federal appeals court should dump an NLRB decision permitting the agency’s top lawyer to withdraw a complaint against two unions in light of the US Supreme Court’s landmark decision rolling back judicial deference to agencies.

The US Court of Appeals for the Fifth Circuit heard oral argument Monday over the dispute on remand from the high court, which ordered a second look at the case to determine whether the 2024 ruling in Loper Bright v. Raimondo changed the outcome.

The case turns on when the NLRB general counsel’s unreviewable prosecutorial discretion to withdraw ...