No. 23-558

United Natural Foods, Inc., dba United Natural Foods, Inc. and SuperValu, Inc. v. National Labor Relations Board

Lower Court: Fifth Circuit
Docketed: 2023-11-22
Status: GVR
Type: Paid
Relisted (2)
Tags: administrative-law agency-discretion civil-procedure definite-term federal-office federal-officer nlrb-procedure removal removal-authority statutory-interpretation
Key Terms:
AdministrativeLaw Arbitration ERISA SocialSecurity Securities LaborRelations Privacy JusticiabilityDoctri
Latest Conference: 2024-07-01 (distributed 2 times)
Question Presented (AI Summary)

Whether statutes that prescribe a definite term for a federal office, without providing for removal of the officer during the prescribed term, impliedly permit the officer's removal at any time without cause

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether statutes that prescribe a definite term for a federal office, without providing for removal of the officer during the prescribed term, impliedly permit the officer’s removal at any time without cause. 2. Whether courts should defer to the National Labor Relations Board’s view that the agency’s General Counsel has unreviewable authority to withdraw an administrative complaint when a motion for summary judgment has placed the merits before the Board.

Docket Entries

2024-08-05
Judgment Issued.
2024-07-02
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Loper Bright Enterprises</i> v. <i>Raimondo</i>, 603 U. S. ___ (2024).
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2024-02-07
DISTRIBUTED for Conference of 2/23/2024.
2024-02-07
Reply of petitioners United Natural Foods, Inc., et al. filed. (Distributed)
2024-01-22
Brief of respondent National Labor Relations Board in opposition filed.
2024-01-22
Brief of respondents Teamsters Local 117 and 313 in opposition filed.
2023-12-01
Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2024, for all respondents.
2023-11-30
Motion of Teamsters Local 117 and 313 to extend the time to file a response from December 22, 2023 to January 22, 2024, submitted to The Clerk.
2023-11-29
Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2024.
2023-11-27
Motion to extend the time to file a response from December 22, 2023 to January 22, 2024, submitted to The Clerk.
2023-11-20
Petition for a writ of certiorari filed. (Response due December 22, 2023)

Attorneys

National Labor Relations Board
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Teamsters Local 117 and 313
Danielle Elizabeth Franco-MaloneBarnard Iglitzin & Lavitt, LLP, Amicus
Danielle Elizabeth Franco-MaloneBarnard Iglitzin & Lavitt, LLP, Amicus
United Natural Foods, Inc., doing business as United Natural Foods Inc. & SuperValu, Inc.
Philip Andrew MiscimarraMorgan, Lewis & Bockius LLP, Petitioner
Philip Andrew MiscimarraMorgan, Lewis & Bockius LLP, Petitioner