On March 24, 2025, the Supreme Court declined to review a Ninth Circuit decision that provided an opportunity to clarify how its landmark decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024) affects the degree of deference federal courts shall afford the National Labor Relations Board (“NLRB” or “Board”) when the Board interprets the National Labor Relations Act (“NLRA” or “Act”).

As we covered here, Loper Bright overturned the 40-year-old Chevron doctrine, which required courts to defer to a federal administrative agency’s reasonable interpretation of ambiguous statutes. Post-Loper Bright, courts are now required to apply their own construction of the law.

In declining to review the underlying Ninth Circuit decision issued on February 20, 2024, the Supreme Court let stand the court’s ruling that upheld the NLRB’s finding that an employer cannot unilaterally cease union dues checkoff after a collective bargaining agreement expires (discussed here). The Ninth Circuit’s decision was predicated on the Chevron standard, which requires deference to the Board’s interpretation of an ambiguous provision of the NLRA – like dues checkoff – if the Board’s interpretation “is rational and consistent with the Act.”

The Supreme Court gave no rationale for declining review.

Interestingly, this denial of certiorari stands in stark contrast to the Supreme Court’s decision in December 2024 to vacate and remand a D.C. Circuit opinion that upheld a Board ruling on the...

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