It was revealed that at least nine companies have pending requests for the National Labor Relations Board (NLRB) to review regional directors’ decisions in union election cases, with employers contesting the regional directors’ authority to rule in union representation cases while the NLRB lacks a quorum. Although several federal appeals courts have affirmed the NLRB’s conclusion that RDs can wield delegated power when the board is out of commission, companies raising challenges said prior rulings were based on courts deferring to the NLRB’s reasonable interpretation of an ambiguous provision of the National Labor Relations Act under the Chevron doctrine—which was overturned by the Supreme Court last year.
