A federal judge has dismissed a Pittsburgh newspaper’s challenge to the constitutionality of the National Labor Relations Board (NLRB), even as she hinted that the agency’s established authority may face increasing scrutiny. U.S. District Judge Cathy Bissoon ruled that a pivotal 1937 Supreme Court decision supporting the NLRB’s framework remains valid, contrary to the assertions made by PG Publishing, owner of the Pittsburgh Post-Gazette.
Bissoon denied PG’s request to dismiss an NLRB petition aimed at compelling the company to engage in good faith negotiations with three unions while a related administrative case unfolds. The Post-Gazette contends that the NLRB’s internal enforcement processes are unlawful, echoing arguments found in over 20 lawsuits against the board. They assert that the agency lacks the authority to pursue court injunctions, which it does on limited occasions.
While affirming that PG’s claims have been addressed by existing legal precedents, Bissoon observed that the principle of stare decisis—adhering to past rulings—seems to be losing favor. “Though PG’s views are not outlandish by today’s standards, this Court refuses to disregard nearly a century of established jurisprudence,” she noted.
The underlying NLRB case involves allegations against PG for negotiating in bad faith with employee unions and unilaterally altering working conditions in the newsroom without a bargaining agreement. PG has denied any misconduct. In August, the NLRB sought a temporary court order requiring PG to negotiate with the unions until the board resolves the ongoing dispute.
Bissoon’s ruling aligns her with a recent decision from a federal judge in Michigan, who similarly dismissed arguments questioning the NLRB’s structure. As challenges to the agency’s authority mount, including actions from Amazon and SpaceX, the conservative 5th U.S. Circuit Court of Appeals has scheduled hearings for several of these cases in mid-November.
The case, Wilson v. PG Publishing Co, is unfolding in the U.S. District Court for the Western District of Pennsylvania.
