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Wed Feb 1, 2017, 02:57 PM

The Supreme Court Vacancy and Labor: Neil Gorsuch

Josh Eidelson tweeted this out. FULL detailed article: https://onlabor.org/2017/01/31/the-supreme-court-vacancy-and-labor-neil-gorsuch/

It’s more of a deep dive on his legal philosophical approach to these cases, but some interesting summaries of his ruling on employment law. This snippet was revealing to me:

In Community Health Services, in which Judge Gorsuch dissented, the NLRB petitioned for enforcement of its backpay order against a hospital that had been found to have unlawfully reduced the hours of some of its employees. 812 F.3d at 770. The specific question centered on whether the Board could disregard interim earnings when calculating backpay awards for employees whose labor injury falls short of unlawful termination. Id. The majority held in favor of the NLRB and spoke repeatedly of the need for deference to agencies. Judge Gorsuch, by contrast, criticized the NLRB for exceeding “the boundaries of [its] congressional charter,” and argued that the court should not have deferred to the NLRB’s findings. 812 F.3d at 780.

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