HOUSE_OVERSIGHT_022310.jpg
4.22 MB
Extraction Summary
0
People
23
Organizations
4
Locations
2
Events
3
Relationships
4
Quotes
Document Information
Type:
Federal register publication / legal opinion
File Size:
4.22 MB
Summary
This document is a page from the Federal Register, dated August 30, 2011, containing a legal argument against a new National Labor Relations Board (NLRB) rule. The author contends that the NLRB exceeded its statutory authority by mandating that employers post a notice of employee rights, arguing that Congress did not delegate this specific 'gap-filling' power and that failure to post does not constitute an 'unfair labor practice' under the existing framework of the National Labor Relations Act (NLRA). The document cites numerous court cases and legislative history to support the position that the NLRB's rule is an overreach.
Organizations (23)
| Name | Type | Context |
|---|---|---|
| Chevron U.S.A. Inc. |
Party in the case *Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.*, which established the standard fo...
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| Natural Resources Defense Council, Inc. |
Party in the case *Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.*
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| National Labor Relations Board (NLRB) |
The agency whose rulemaking authority under the National Labor Relations Act (NLRA) is being questioned. The NLRB pro...
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| U.S. Supreme Court |
Cited multiple times for its opinions on agency authority and statutory interpretation.
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| Long Island Care at Home, Ltd. |
Party in the Supreme Court case *Long Island Care at Home, Ltd. v. Coke*.
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| American Bar Association (Am. Bar Ass'n) |
Party in the case *Am. Bar Ass'n v. FTC*.
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| Federal Trade Commission (FTC) |
Party in the case *Am. Bar Ass'n v. FTC*.
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| Motion Picture Ass'n of America, Inc. (MPAA) |
Party in the case *Motion Picture Ass'n of America, Inc. v. FCC*.
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| Federal Communications Commission (FCC) |
Party in the case *Motion Picture Ass'n of America, Inc. v. FCC*.
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| Food and Drug Administration (FDA) |
Party in the case *FDA v. Brown & Williamson Tobacco Corp.*, cited as an example of an agency's authority being limited.
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| Brown & Williamson Tobacco Corp. |
Party in the case *FDA v. Brown & Williamson Tobacco Corp.*
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| ETSI Pipeline Project |
Party in the case *ETSI Pipeline Project v. Missouri*, quoted in another case.
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| Alloyd Co. |
Party in the case *Gustafson v. Alloyd Co.*
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| Family Publications Service, Inc. |
Party in the case *Mourning v. Family Publications Service, Inc.*
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| Federal Reserve Board |
Agency mentioned in footnote 176 for its rulemaking authority under the Truth in Lending Act.
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| Wolverine World Wide, Inc. |
Party in the case *Ragsdale v. Wolverine World Wide, Inc.*
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| Communications Workers |
Union party in the case *Communications Workers v. Beck*.
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| General Motors |
Party in the case *NLRB v. General Motors*, related to union notice rights.
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| California Saw & Knife Works |
Subject of an NLRB decision cited in footnote 180.
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| Charles Machine Works, Inc. |
Party in the case *Greenwell v. Charles Machine Works, Inc.*
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| Westchester County |
Party in the case *Smith v. Westchester County*.
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| Teamsters (Local 357) |
Union party in the case *Local 357, Teamsters v. NLRB*.
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| HOUSE_OVERSIGHT |
Appears as a stamp or Bates number at the bottom of the document, likely indicating it is part of a collection of doc...
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Timeline (2 events)
2011-08-30
Publication of 'Rules and Regulations' in the Federal Register, containing a legal analysis/dissent regarding a new NLRB rule.
Federal Register
National Labor Relations Board
The National Labor Relations Board (NLRB) promulgated a rule requiring employers to post a notice of employee rights under the NLRA, and making the failure to do so an unfair labor practice.
National Labor Relations Board
Locations (4)
| Location | Context |
|---|---|
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The United States Court of Appeals for the District of Columbia Circuit, which decided cases cited in the text.
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Mentioned in the case name *ETSI Pipeline Project v. Missouri*.
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The United States District Court for the Western District of Oklahoma, which decided the *Greenwell* case.
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The United States District Court for the Southern District of New York, which decided the *Smith* case.
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Relationships (3)
National Labor Relations Board (NLRB)
→
Delegation of Authority
→
U.S. Congress
The entire document discusses whether Congress delegated authority to the NLRB under Section 6 of the NLRA to create a rule that makes failing to post employee rights an unfair labor practice.
Employer
→
Labor Rights Notification
→
Employee
The document debates whether an employer has an affirmative duty under the NLRA to notify employees of their rights, as mandated by the new NLRB rule.
Union
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Notice of Rights (Beck/General Motors)
→
Employee
The text contrasts the employer posting requirement with the union's limited requirement to provide notice of *Beck* and *General Motors* rights before collecting fees.
Key Quotes (4)
"‘‘the ultimate question is whether Congress would have intended, and expected, courts to treat [the regulation] as within, or outside, its delegation to the agency of ‘gap-filling’ authority.’’"Source
HOUSE_OVERSIGHT_022310.jpg
Quote #1
"‘‘agency’s interpretation of [a] statute is not entitled to deference absent a delegation of authority from Congress to regulate in the areas at issue.’’"Source
HOUSE_OVERSIGHT_022310.jpg
Quote #2
"‘‘may not exercise its authority ‘in a manner that is inconsistent with the administrative structure that Congress enacted into law.’ ’’"Source
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Quote #3
"‘‘[n]either the National Labor Relations Board nor the courts are given any blanket authority to prohibit whatever labor practices that in their judgment are deemed to be unfair.’’"Source
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Quote #4
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