Labor Law -- 2021



UPMC Presbyterian Shadyside v. NLRB   (3rd Circuit)

Court limits on NLRB's subpoena authority

The NAM filed an amicus brief in the U.S. Court of Appeals for the Third Circuit supporting constitutional protections for employer information. The National Labor Relations Board (NLRB) issued subpoenas requesting information purportedly in connection with an NLRB investigation of unfair labor practices. The district court found that those subpoenas are unprecedented in breadth and unrelated to the underlying charges. Limitations on the NLRB’s authority are important to protect the Constitution’s separation of powers and due process requirements and to protect against abuse of subpoena power. The NAM’s brief argues that the NLRB lacks the authority to compel an employer to produce information because that authority is vested exclusively in Article III courts. The Court later held the case in abeyance so that the parties could finalize the terms of a settlement agreement.