Insurance Agents' International Union, AFL-CIO v. National Labor Relations Board
United States Court of Appeals for the District of Columbia Circuit · Labor Law
Labor Lawlabor lawNLRBboard orderpanel precedentstare decisisD.C. Circuitset aside order
Facts
The court stated that this case involved the same question of law presented in Textile Workers Union of America, C.I.O. v. National Labor Relations Board. An amicus attempted to distinguish this case from Textile Workers, but the court found no critical difference between them. The matter before the court was a Board order under review. The opinion gives no further factual detail.
Issue
Whether the Board's order should be sustained when the case presents the same legal question as Textile Workers Union of America, C.I.O. v. National Labor Relations Board and no critical difference from that case is shown.
Rule
When a case presents the same legal question as a recent controlling precedent of another panel and no critical difference exists, the panel must follow that precedent; one panel will not attempt to overrule a recent precedent set by another panel.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
A three-judge panel in Washington, D.C. reviews an order issued by the Federal Workplace Relations Board against Cedar Valley Mechanics Union. Six months earlier, a different panel of the same court decided a case involving the same legal question and vacated a materially identical agency order. The current panel believes the earlier decision was wrongly reasoned.
How should the current panel rule?
Explanation. The majority rule is that when the case presents the same legal question as a recent controlling precedent of another panel, and no critical difference exists, the later panel must follow that precedent. The panel may not attempt to overrule the earlier recent panel decision merely because it disagrees with it. (Derived from Insurance Agents' International Union, AFL-CIO v. National Labor Relations Board (n.d.).)