No. 24-767

Rieth-Riley Construction Company, Inc. v. National Labor Relations Board

Lower Court: Sixth Circuit
Docketed: 2025-01-17
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law agency-deference nlrb-review presidential-power separation-of-powers statutory-interpretation
Key Terms:
AdministrativeLaw Arbitration ERISA Securities LaborRelations Privacy JusticiabilityDoctri
Latest Conference: 2025-03-21
Question Presented (AI Summary)

Does this Court's deferential standard of review for NLRB interpretations of the NLRA survive Loper Bright?

Question Presented (from Petition)

1. The National Labor Relations Board’s interpretations of the National Labor Relations Act are entitled to deference if they are “reasonably defensible.” Ford Motor Co. v. NLRB , 441 U.S. 488, 495–97 (1979). Congress made a “conscious decision” to “delegate[e] to the Board . . . the primary responsibility of marking out the scope of the statutory language. . . .” Id. at 496. In Loper Bright Enterprises v. Raimondo , this Court held that when a statute constitutionally delegates discretionary authority to an agency, “courts must respect the delegation, while ensuring that the agency acts within it.” 144 S. Ct. 2244, 2273 (2024). The Sixth Circuit here, citing Loper Bright , stated that it “does not defer to the NLRB’s interpretation of the NLRA. . . .” The first question is: Does this Court’s deferential standard of review for NLRB interpretations of the NLRA survive Loper Bright ? 2. Congress may create multi-member agencies led by presidentially appointed officers removable only for cause. E.g., Humphrey’s Ex’r v. United States , 295 U.S. 602 (1935). The NLRB is an example of such an “independent” agency. Board orders, however, are not self-executing; the Board depends on its presidentially appointed General Counsel to seek their enforcement in court. On Inauguration Day 2021, the President fired the General Counsel without cause. The second question is: May the President remove the NLRB General Counsel at will or only for cause?

Docket Entries

2025-03-24
Petition DENIED.
2025-02-26
DISTRIBUTED for Conference of 3/21/2025.
2025-02-18
Waiver of National Labor Relations Board of right to respond submitted.
2025-02-18
Waiver of right of respondent National Labor Relations Board to respond filed.
2025-01-17
Petition for a writ of certiorari filed. (Response due February 18, 2025)

Attorneys

National Labor Relations Board
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Rieth-Riley Construction Co., Inc.
Brian J. PaulFaegre Drinker Biddle & Reath LLP, Petitioner
Brian J. PaulFaegre Drinker Biddle & Reath LLP, Petitioner
Alexander Edward PrellerFaegre Drinker Biddle & Reath LLP, Petitioner
Alexander Edward PrellerFaegre Drinker Biddle & Reath LLP, Petitioner
Ryan James FunkFaegre Drinker Biddle & Reath LLP, Petitioner
Ryan James FunkFaegre Drinker Biddle & Reath LLP, Petitioner