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AMERICAN FEDERATION OF LABOR & CONGRESS v. NLRB

No. 20-5223 Consolidated with 20-5226.

57 F.4th 1023 (2023)

AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, Appellee v. NATIONAL LABOR RELATIONS BOARD, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 17, 2023.

Attorney(s) appearing for the Case

Paul A. Thomas , Attorney, National Labor Relations Board, and Tyler James Wiese , Attorney, argued the causes for appellant/cross-appellee. With them on the briefs were Nancy E. Kessler Platt , Associate General Counsel, William G. Mascioli , Assistant General Counsel, Dawn L. Goldstein , Deputy Assistant General Counsel, Helene D. Lerner , Supervisory Attorney, and Molly G. Sykes , Attorney.

Matthew J. Ginsburg argued the cause for appellee/cross-appellant. With him on the briefs were Leon Dayan and Maneesh Sharma .

Opinion concurring in the judgment in part and dissenting in part filed by Circuit Judge Rao.

Unique among major federal agencies, the National Labor Relations Board (NLRB or Board) sets almost all of its policy through adjudications rather than rules. That makes the object of this case—a 2019 NLRB rule—somewhat unusual. The American Federation of Labor and...

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