What employers should know about key developments this week:
NLRB Shifts to Republican Majority: The Senate confirmed David Prouty and James Macey to the National Labor Relations Board (“NLRB” or “Board”) in August, establishing Republican control with three Republican members among the four currently confirmed. General Counsel Crystal Carey has indicated her intent to present several decisions for the new majority to overturn, particularly the Cemex, Stericycle, and Thryv decisions from the Biden era.
Chevron Deference Ends: Following the U.S. Supreme Court’s Loper Bright ruling, courts are no longer required to defer to agency interpretations of ambiguous statutes. Circuit courts now have authority to reject NLRB positions that lack statutory support.
“Successor Bar” Doctrine Challenged: The U.S. Court of Appeals for the District of Columbia Circuit rejected the Board’s authority to impose the “successor bar” doctrine—a Board-created rule affecting when representation elections can… Read the complete article here...
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