No. 24-138

Hospital Menonita de Guayama, Inc. v. National Labor Relations Board

Lower Court: District of Columbia
Docketed: 2024-08-07
Status: GVR
Type: Paid
Tags: bargaining-unit deference labor-relations labor-relations-act majority-status nlrb nlrb-deference successor-employer union-certification union-recognition
Key Terms:
AdministrativeLaw Arbitration ERISA Takings Securities LaborRelations
Latest Conference: 2024-12-13
Question Presented (AI Summary)

Whether the National Labor Relations Act establishes a bar on a successor employer from challenging the continued support for a previously certified union

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the National Labor Relations Act establishes a bar on a successor employer from challenging the continued support for a previously certified union. 2. Whether courts should defer to the National Labor Relations Board’s successor bar rule that creates an irrebuttable presumption that an incumbent union retains its majority status for a reasonable period of time following the successor employer’s voluntary recognition of the union.

Docket Entries

2025-01-17
Judgment Issued.
2024-12-16
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).
2024-11-26
DISTRIBUTED for Conference of 12/13/2024.
2024-11-19
2024-11-06
Brief of National Labor Relations Board in opposition submitted.
2024-11-06
Brief of respondent National Labor Relations Board in opposition filed.
2024-09-20
Motion to extend the time to file a response is granted and the time is further extended to and including November 6, 2024.
2024-09-19
Motion to extend the time to file a response from October 7, 2024 to November 6, 2024, submitted to The Clerk.
2024-08-27
Motion to extend the time to file a response is granted and the time is extended to and including October 7, 2024.
2024-08-26
Motion of National Labor Relations Board for an extension of time submitted.
2024-08-26
Motion to extend the time to file a response from September 6, 2024 to October 7, 2024, submitted to The Clerk.
2024-08-05
Petition for a writ of certiorari filed. (Response due September 6, 2024)

Attorneys

Hospital Menonita de Guayama, Inc.
Patrick Michael MuldowneyBaker and Hostetler LLP, Petitioner
National Labor Relations Board
Elizabeth B. PrelogarSolicitor General, Respondent