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3.95 MB
Extraction Summary
13
People
22
Organizations
1
Locations
6
Events
5
Relationships
6
Quotes
Document Information
Type:
Federal register notice / legal document
File Size:
3.95 MB
Summary
This document is a page from the Federal Register dated August 30, 2011, detailing the National Labor Relations Board's (NLRB) legal justification for its rulemaking authority under the NLRA. It refutes comments from organizations opposing a proposed rule by citing numerous Supreme Court precedents that affirm broad rulemaking powers for federal agencies. This document is purely a legal and administrative text and contains no information whatsoever related to Jeffrey Epstein or any associated individuals.
People (13)
| Name | Role | Context |
|---|---|---|
| Member Hayes | Board Member (implied) |
Quoted from his dissent (75 FR 80415) arguing that the Board lacks the authority to impose certain requirements.
|
| Tom Harkin | Senator, Chairman of the Senate Committee on Health, Education, Labor, and Pensions |
Submitted a comment with Rep. George Miller supporting the Board's rulemaking authority by citing the Supreme Court's...
|
| George Miller | Representative, Ranking Member on the House Committee on Education and the Workforce |
Submitted a comment with Sen. Tom Harkin supporting the Board's rulemaking authority.
|
| Fortas, J. | Supreme Court Justice |
Wrote the plurality opinion in NLRB v. Wyman-Gordon Co. (1969).
|
| Warren, C.J. | Supreme Court Chief Justice |
Joined the plurality opinion in NLRB v. Wyman-Gordon Co. (1969).
|
| Stewart, J. | Supreme Court Justice |
Joined the plurality opinion in NLRB v. Wyman-Gordon Co. (1969).
|
| White, J. | Supreme Court Justice |
Joined the plurality opinion in NLRB v. Wyman-Gordon Co. (1969) and wrote a dissenting opinion in NLRB v. Bell Aerosp...
|
| Black, J. | Supreme Court Justice |
Mentioned in the citation for NLRB v. Wyman-Gordon Co. (1969).
|
| Marshall, J. | Supreme Court Justice |
Mentioned in the citation for NLRB v. Wyman-Gordon Co. (1969).
|
| Brennan, J. | Supreme Court Justice |
Mentioned in the citation for NLRB v. Wyman-Gordon Co. (1969).
|
| Douglas, J. | Supreme Court Justice |
Mentioned in the citation for NLRB v. Wyman-Gordon Co. (1969).
|
| Harlan, J. | Supreme Court Justice |
Mentioned in the citation for NLRB v. Wyman-Gordon Co. (1969).
|
| Powell, J. | Supreme Court Justice |
Wrote the majority opinion in NLRB v. Bell Aerospace (1974).
|
Organizations (22)
| Name | Type | Context |
|---|---|---|
| Federal Register | ||
| National Labor Relations Board (NLRB) | ||
| U.S. Congress | ||
| American Trucking Association | ||
| Motor & Equipment Manufacturers Association | ||
| Associated Builders and Contractors | ||
| Heritage Foundation | ||
| U.S. Supreme Court | ||
| Mayo Foundation for Medical Education and Research | ||
| Department of Housing and Urban Development (HUD) | ||
| Family Publication Services | ||
| Global Van Lines, Inc. | ||
| Interstate Commerce Commission (ICC) | ||
| American Hospital Association (AHA) | ||
| Senate Committee on Health, Education, Labor, and Pensions | ||
| House Committee on Education and the Workforce | ||
| National Association of Pharmaceutical Manufacturers (Nat'l Ass'n. of Pharm. Mfrs.) | ||
| Federal Trade Commission (FTC) | ||
| National Petroleum Refiners Association (Nat'l Petroleum Refiners Ass'n) | ||
| Gen. Eng'g, Inc. | ||
| Chevron U.S.A. Inc. | ||
| Natural Resources Defense Council, Inc. |
Timeline (6 events)
1969
Supreme Court decision in Thorpe v. Housing Authority, which found that an expansive grant of rulemaking authority was sufficient to grant legislative power to HUD.
United States
1969
Supreme Court decision in NLRB v. Wyman-Gordon Co., which emphasized the existence of the Board's legislative rulemaking authority.
United States
1973
Supreme Court decision in Mourning v. Family Publication Services, which reaffirmed the Court's stance on broad agency rulemaking power.
United States
1974
Supreme Court decision in NLRB v. Bell Aerospace, which emphasized the existence of the Board's legislative rulemaking authority.
United States
1991
Supreme Court decision in American Hospital Association v. NLRB, which unanimously upheld an NLRB rule involving health care units, finding the general grant of authority in Section 6 was 'unquestionably sufficient.'
United States
2011
Supreme Court decision in Mayo Foundation for Medical Education and Research v. United States, which unanimously reaffirmed that a general grant of rulemaking authority is sufficient to confer legislative rulemaking authority on an agency.
United States
U.S. Supreme Court
Mayo Foundation for Medical Education and Research
Locations (1)
| Location | Context |
|---|---|
Relationships (5)
National Labor Relations Board
→
Adversarial (in context of rulemaking)
→
American Trucking Association
The American Trucking Association submitted comments disputing the NLRB's statutory authority for a proposed rule.
The Heritage Foundation submitted comments arguing the NLRB's reliance on its general authority was insufficient.
Senator Harkin submitted a comment supporting the NLRB's rulemaking authority.
Representative Miller submitted a comment supporting the NLRB's rulemaking authority.
The document cites multiple Supreme Court cases (e.g., Mayo Foundation, AHA v. NLRB) that uphold the NLRB's broad rulemaking authority.
Key Quotes (6)
"The Board shall have authority from time to time to make, amend, and rescind, in the manner prescribed by the Administrative Procedure Act [5 U.S.C. 553], such rules and regulations as may be necessary to carry out the provisions of this Act."Source
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Quote #1
"A regulation cannot stand if it is contrary to the statute."Source
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Quote #2
"the lack of express statutory language under Section 6 of the NLRA to require the posting of a notice of any kind 'is a strong indicator, if not dispositive, that the Board lacks the authority to impose such a requirement * * *.'"Source
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Quote #3
"Where the empowering provision of a statute states simply that the agency may 'make * * * such rules and regulations as may be necessary to carry out the provisions of this Act,' we have held that the validity of a regulation promulgated thereunder will be sustained so long as it is 'reasonably related to the purposes of the enabling legislation.'"Source
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Quote #4
"[The general grant of rulemaking authority] was unquestionably sufficient to authorize the rule at issue in this case unless limited by some other provision in the Act."Source
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Quote #5
"As a matter of statutory drafting, if Congress had intended to curtail in a particular area the broad rulemaking authority granted in § 6, we would have expected it to do so in language expressly describing an exception from that section or at least referring specifically to the section."Source
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Quote #6
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