Chapter 2 Congress, Administrative Agencies, and the Courts
Labor & Employment Law 6
Chapter 2 CONGRESS, ADMINISTRATIVE AGENCIES
AND THE COURTS
Case Questions
Case 2.1, Mayo Foundation v. U.S., p.32
1. (Q.) Utilizing the Chevron framework, how did the Court respond to the first question of
(A.) The Court determined that Congress had not addressed the precise question at issue.
2. (Q.) Did the Court find that the Treasury D
second step?
(A.) The rule easily satisfies Chevron
Chapter 2 Congress, Administrative Agencies, and the Courts
Labor & Employment Law 7
Chapter Questions and Problems, p. 37
1. [Agency regulations as law, Section 2.3; court review of agency determinations on law and policy
Section 2.7.] The second step of the Chevron framework applies to
administrative agency to administer a congressionally created program necessarily requires
the formulation of policy and the making of rules to fill any gap left, implicitly or explicitly,
2. [The adjudicatory function, Section 2.4; court review of agency determinations, Section 2.7.] The
turn on the skills or motives of the e
the contours and limits of the statutory Section 7 rights enunciated in Weingarten. The
The dissent points out that the presence of a coworker gives an employee a potential
witness, advisor, and advocate in an adversarial situation, and ideally militates against
imposition of unjust discipline by the employer. They conclude:
[I]t is our colleagues who are taking steps backwards. They have
Chapter 2 Congress, Administrative Agencies, and the Courts
Labor & Employment Law 8
The Chevron principles recognize that the agency to which Congress delegated
policymaking responsibilities may, within the limits of that delegation, properly rely upon
s:
Note the way the case problem evolves from use of the terms Labor Board regarding the
Weingarten
otnote 1 of Chapter 4 presents some discussion on the appointment process of
Board members. Section 2.7 of the text contains an excerpt from the Chevron
entirely appropriate for this political branch of the government to make such pol
opposed to reviewing judges. The case problem was designed to initiate a discussion regarding
Should not the maturity of the NLRA and its longstanding precedents established under