On January 15, 2026, the National Labor Relations Board (“NLRB” or the “Board”) issued its first published decision with a new quorum. In Satellite Healthcare, 374 N.L.R.B. No. 25, the Board held that Regional Directors (“RDs”) retain their delegated authority even when the Board lacks a quorum, and that the U.S. Supreme Court’s decision in Loper Bright—overruling Chevron deference—does not alter that conclusion.
Background
During the Board’s loss of quorum over the past year, employers argued that RDs could not process charges, conduct union elections, or take other administrative action without a seated Board.
Satellite Healthcare advanced those arguments after a union election, asserting that the RD lacked authority to (i) certify the election results; and (ii) rule on election objections. Satellite Healthcare argued that Loper Bright undercut precedent recognizing RDs’ authority during a lapse in quorum.
NLRB Decision
The Board denied Satellite Healthcare’s Request for Review and reaffirmed that Section 3(b) of the National Labor Relations Act (“NLRA” or the “Act”) permits RDs to exercise delegated authority notwithstanding an absence of quorum. The Board also noted that its Rules and Regulations direct that representation cases should continue to be processed, and election certifications should be issued, despite the Board’s inability to act on that request without a quorum.
Effect of Loper Bright
The Board concluded that Loper Bright does not disturb this...
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