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4.08 MB
Extraction Summary
3
People
10
Organizations
1
Locations
3
Events
3
Relationships
6
Quotes
Document Information
Type:
Federal register publication (rules and regulations section)
File Size:
4.08 MB
Summary
This document is a page from the Federal Register dated August 30, 2011, in which the National Labor Relations Board (NLRB) legally defends its authority to issue legislative rules. The NLRB rebuts arguments from organizations like Americans for Limited Government by citing Supreme Court precedents, particularly the 'Mayo' case, which support broad rulemaking power for federal agencies. The document confirms the NLRB's position that it is empowered by Congress to be a rulemaking body, not just an enforcement agency. There is no mention of Jeffrey Epstein or any related topics.
People (3)
| Name | Role | Context |
|---|---|---|
| Donald A. Callahan | Declarant |
Mentioned in footnote 27 as giving a statement to the U.S. Senate Committee on Education and Labor on March 29, 1935,...
|
| Douglas Holtz-Eakin | Commenter |
Submitted a joint comment arguing against the NLRB's assertion of rulemaking authority under Section 6.
|
| Sam Batkins | Commenter |
Co-submitted a joint comment with Douglas Holtz-Eakin arguing against the NLRB's rulemaking authority.
|
Organizations (10)
| Name | Type | Context |
|---|---|---|
| National Labor Relations Board (NLRB) |
The central agency discussed, whose rulemaking authority under Section 6 of the National Labor Relations Act (NLRA) i...
|
|
| U.S. Supreme Court |
Cited throughout for its rulings in cases like Mayo, Mead, Chevron, and others that are relevant to agency rulemaking...
|
|
| Americans for Limited Government (ALG) |
An organization that disputed the NLRB's rulemaking authority, arguing Section 6 was intended for procedural, not leg...
|
|
| Mayo Foundation for Medical Education and Research |
A party in the Supreme Court case 'Mayo Foundation... v. United States', which affirmed broad rulemaking authority fo...
|
|
| Treasury Department |
Its tax regulation and the deference it should receive were a subject of the 'Mayo' Supreme Court case.
|
|
| United Food and Commercial Workers International Union (UFCW) |
Submitted comments supporting the NLRB's proposed rule, stating it was minimally burdensome.
|
|
| Manufacturers' Association of South Central Pennsylvania |
Submitted a comment arguing that the NLRB is an investigatory/enforcement agency, not a rulemaking body.
|
|
| U.S. Congress |
The legislative body that delegates authority to federal agencies like the NLRB.
|
|
| U.S. Senate Committee on Education and Labor |
Mentioned in a footnote as the recipient of a statement from Donald A. Callahan in 1935.
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|
| Federal Trade Commission (FTC) |
Mentioned in footnote 37 as an agency with similar functions to the NLRB, used as an example in a court case.
|
Timeline (3 events)
1935-03-29
A Wagner Act-era Senate hearing where Donald A. Callahan gave a statement regarding the NLRB's powers.
Washington, D.C.
2011-01
The U.S. Supreme Court issued a unanimous ruling in 'Mayo Foundation for Medical Education and Research v. United States', affirming that a broad grant of statutory authority is sufficient for an agency to adopt legislative rules.
Washington, D.C.
2011-08-30
Publication of rules and regulations in the Federal Register, where the NLRB defends its rulemaking authority against public comments.
N/A
National Labor Relations Board (NLRB)
Locations (1)
| Location | Context |
|---|---|
|
South Central Pennsylvania
|
The location of the Manufacturers' Association that submitted a comment critical of the NLRB.
|
Relationships (3)
Co-submitted a joint comment to the NLRB.
ALG submitted comments disputing the NLRB's interpretation of its rulemaking authority, and the NLRB directly refutes ALG's arguments in the document.
National Labor Relations Board (NLRB)
→
Aligned
→
United Food and Commercial Workers International Union (UFCW)
The UFCW submitted comments supporting the NLRB's proposed rule, and the Board agrees with the UFCW's position.
Key Quotes (6)
"broad powers"Source
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Quote #1
"when it appears that Congress delegated authority to the agency generally to make rules carrying the force of law, and that the agency interpretation claiming deference was promulgated in the exercise of that authority."Source
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Quote #2
"Our inquiry in that regard does not turn on whether Congress's delegation of authority was general or specific."Source
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Quote #3
"[i]n no case do the rules have the force of law in the sense that criminal penalties or fines accrue for their violation, and it seems sufficient that the rules prescribed must be ‘necessary to carry out the provisions’ of the act."Source
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Quote #4
"empower the NLRB to be a rulemaking body, but rather an investigatory/enforcement agent of the NLRA."Source
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Quote #5
"The deference owed to an expert tribunal cannot be allowed to slip into a judicial inertia which results in the unauthorized assumption by an agency of major policy decisions properly made by Congress."Source
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Quote #6
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