D.C. Circuit Overrules National Labor Relations Board “Subgroup Majority Status Rule”
On March 12, 2019, a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit declined to enforce a bargaining order against the University of Southern California (“USC”), finding that part of the order “runs afoul” with Supreme Court precedent, NLRB v. Yeshiva Univ., 444 U.S. 672 (1980).
The case is Univ. of S. Cal. v. NLRB, Nos. 17-1149, 17-1171, 2019 U.S. App. LEXIS 7203 (D.C. Cir. Mar. 12, 2019) and involves…