Harder Courtroom Tests Challenge Labor Board, Former Chair Says

The National Labor Relations Board in recent years had to adapt to federal courts taking a much harder look at its work, from major decisions and regulations to routine, day-to-day rulings, the board’s former chair said.

That increased judicial skepticism forced the NLRB—which needs courts to enforce its orders—to justify conclusions that would have been viewed through a deferential lens in years past, Lauren McFerran said in an interview Tuesday.

“Anticipating the need to pursue enforcement in a court system that is, I’m not going to say necessarily more hostile, but certainly more searching in its scrutiny, has been a ...