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Hospital Menonita de Guayama, Inc. v. National Labor Relations Board
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-1163, 22-1180 · judgment February 27, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the National Labor Relations Act establishes a bar on a successor employer from challenging the continued support for a previously certified union.
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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.
Counsel of record
For petitioner
Patrick Michael Muldowney
Baker and Hostetler LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 17 2025Judgment Issued.
- Dec 16 2024Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Loper Bright Enterprises v. Raimondo, 603 U. S. ___ (2024).
- Nov 26 2024DISTRIBUTED for Conference of 12/13/2024.
- Nov 19 2024Reply of petitioner Hospital Menonita de Guayama, Inc. filed.
- Nov 06 2024Brief of respondent National Labor Relations Board in opposition filed.
- Sep 20 2024Motion to extend the time to file a response is granted and the time is further extended to and including November 6, 2024.
- Sep 19 2024Motion to extend the time to file a response from October 7, 2024 to November 6, 2024, submitted to The Clerk.
- Aug 27 2024Motion to extend the time to file a response is granted and the time is extended to and including October 7, 2024.
- Aug 26 2024Motion to extend the time to file a response from September 6, 2024 to October 7, 2024, submitted to The Clerk.
- Aug 05 2024Petition for a writ of certiorari filed. (Response due September 6, 2024)