No. 25A10

United Scrap Metal PA, LLC v. National Labor Relations Board, et al.

Lower Court: Third Circuit
Docketed: 2025-07-01
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: credibility-determinations cumulative-impact-test nlrb substantial-evidence-standard unfair-labor-practices union-representation-election
Latest Conference: N/A
Question Presented (from Petition)

Question not identified.

Question Presented (AI Summary)

Whether the National Labor Relations Board and reviewing courts must apply a cumulative-impact or totality-of-circumstances test when evaluating whether alleged union misconduct during a representation election violated the requirement that the election be conducted in a laboratory-like environment free from interference, and whether the substantial-evidence standard of review requires an administrative law judge to provide explicit reasoning for credibility determinations rather than relying on implicit resolutions of conflicting testimony

Docket Entries

2025-07-03
Application (25A10) granted by Justice Alito extending the time to file until July 29, 2025.
2025-06-27
Application (25A10) to extend the time to file a petition for a writ of certiorari from June 29, 2025 to August 28, 2025, submitted to Justice Alito.

Attorneys

National Labor Relations Board
D. John SauerSolicitor General, Respondent
United Scrap Metal PA LLC
Stephanie SchusterMorgan, Lewis & Bockius LLP, Petitioner