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PG Publishing Company, Inc., dba Pittsburgh Post-Gazette v. National Labor Relations Board, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 24-2788, 24-3057 · judgment November 10, 2025


2%
estimated cert probability
(petition-stage, structural)
Conference-stage estimate: 18%
GVR risk 1%

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the National Labor Relations Act permits a finding that an employer has bargained in bad faith based solely on the substance of the company’s proposals on mandatory subjects of collective bargaining, without evidence of any bad-faith behavior away from the bargaining table.

  2. Whether the Third Circuit’s “highly deferential” review of the National Labor Relations Board’s interpretation of its statutory authority, which conflicts with the decisions of other courts of appeals, violates this Court’s holding in Loper Bright Enters. v. Raimondo, 603 U.S. 369, 412 (2024), that “[c]ourts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”

  3. Whether the National Labor Relations Board has the statutory or constitutional authority to order an employer to pay consequential damages that employees incur as a result of an unfair labor practice.

Counsel of record

For petitioner
Christopher Julian Paolella
Reich and Paolella LLP

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jul 02 2026
    Reply of petitioner PG Publishing Co., Inc. d/b/a Pittsburgh Post-Gazette filed. (Distributed)
  2. Jul 01 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jun 17 2026
    Brief of Federal respondent in opposition filed.
  4. Jun 17 2026
    Brief of respondent Newspaper Guild of Pittsburgh/CWA Local 38061 in opposition filed.
  5. May 19 2026
    Motion to extend the time to file a response is granted and the time is extended to and including June 17, 2026, for all respondents.
  6. May 18 2026
    Motion to extend the time to file a response is granted and the time is extended to and including June 17, 2026, for all respondents.
  7. May 18 2026
    Motion of respondent Newspaper Guild of Pittsburgh/CWA Local 38061 to extend the time to file a response from May 18, 2026 to June 17, 2026, submitted to The Clerk.
  8. May 14 2026
    Motion to extend the time to file a response from May 18, 2026 to June 17, 2026, submitted to The Clerk.
  9. Apr 14 2026
    Petition for a writ of certiorari filed. (Response due May 18, 2026)