No. 25-1192

PG Publishing Company, Inc., dba Pittsburgh Post-Gazette v. National Labor Relations Board, et al.

Lower Court: Third Circuit
Docketed: 2026-04-17
Status: Pending
Type: Paid
Tags: administrative-law bad-faith-bargaining collective-bargaining national-labor-relations-act statutory-interpretation unfair-labor-practices
Latest Conference: N/A
Question Presented (from Petition)

1. Whether the National Labor Relations Act permits a finding that an employer has bargained in bad faith based solely on the substance of the company's proposals on mandatory subjects of collective bargaining, without evidence of any bad-faith behavior away from the bargaining table.

2. Whether the Third Circuit's "highly deferential" review of the National Labor Relations Board's interpretation of its statutory authority, which conflicts with the decisions of other courts of appeals, violates this Court's holding in Loper Light Enters. v. Raimondo, 603 U.S. 369, 412 (2024), that "[c]ourts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority."

3. Whether the National Labor Relations Board has the statutory or constitutional authority to order an employer to pay consequential damages that employees incur as a result of an unfair labor practice.

Question Presented (AI Summary)

Whether the National Labor Relations Act permits a finding of bad-faith bargaining based solely on the substance of an employer's proposals on mandatory subjects of collective bargaining without evidence of bad-faith conduct at the bargaining table, and whether the NLRB has authority to order consequential damages for unfair labor practices

Docket Entries

2026-04-14
Petition for a writ of certiorari filed. (Response due May 18, 2026)

Attorneys

NLRB, et al.
D. John SauerSolicitor General, Respondent
PG Publishing Co., Inc. d/b/a Pittsburgh Post-Gazette
Christopher Julian PaolellaReich and Paolella LLP, Petitioner