Does "Board Law" Matter after Loper Bright?

FedSoc Forums

Administrative law is in flux, nowhere more so than at the National Labor Relations Board. The Board has long made labor law (or “policy”) by issuing decisions and applying its own precedent. But in a recent oral argument at the Seventh Circuit, one member of the panel suggested that he didn’t want to hear about “Board law.” The judges, he said, could read the statute for themselves. That statement was controversial and thought-provoking. After last term’s blockbuster decision in Loper Bright Enterprises v. Raimondo, courts are no longer supposed to defer to administrative agencies on legal questions. So does that mean Board law is dead? Or is the issue more complicated? Join our panelists as we dissect the issue.
Featuring:
Prof. Samuel Estreicher, Dwight D. Opperman Professor of Law Director, Center for Labor and Employment Law Co-Director, Institute of Judicial Administration, NYU School of Law
Alexander T. MacDonald, Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
(Moderator) Karen Harned, President, Harned Strategies LLC