America's Work Force Union Podcast

Supreme Court decision could weaken NLRB decisions

Written by awfblog | August 11, 2023

Labor Lawyer Andrew Strom joined the America’s Work Force Union Podcast and talked about a case set to be heard by the U.S. Supreme Court. He explained how the court’s decision in Loper Bright Enterprises v. Raimondo could weaken National Labor Relations Board rulings and hurt organized labor.

The case, Strom said, could result in attacks on worker rights. It pits the National Marine Fishing Services, a governmental agency, against commercial herring fishers. The case revolves around the fight over who will pay the overfishing monitors - the national oversight committee or the fishing companies. At the center of the case is the Chevron v. National Resource Defense Council decision, which, if overturned, could cause a trickle-down effect that would impact workers far beyond the fishing industry.

Loper Bright hopes to overturn the 40-year-old precedent set by the Chevron decision. This decision helped empower national administrative agencies, and if it is overturned, it would further weaken the power of these agencies. Originally, these agencies were created to serve as a national regulatory body and ensure a nationwide standard of work. Slowly, the power of these agencies was diminished, and if the Chevron ruling is overturned, the next target for right-wing legislators would be the National Labor Relations Board, Strom said.

By helping the public understand the political climate surrounding the current Supreme Court, Strom hopes to bring awareness to their decisions. Overturning the Chevron ruling would weaken the NLRB and potentially lead to attacks on organized labor, especially the workers. Strom said the best hope for organized labor is to wait and see the decision. However, he thinks they must prepare for a decision by the Supreme Court - whether the justices decide to overturn Chevron or side with Raimondo. It’s a perfect storm to help further the right-wing’s agenda, he added.

To hear more from Strom, listen to the entire episode.