Author Question: Utilizing the Chevron framework, how did the Court respond to the first question of whether Congress ... (Read 42 times)

dmcintosh · **on:** Jun 24, 2018

Utilizing the Chevron framework, how did the Court respond to the first question of whether Congress has directly addressed the precise question at issue?

Question 2

May the National Labor Relations Board obtain injunctive relief against unions in light of the Federal Anti-Injunction Act?

fraziera112 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

The Court determined that Congress had not addressed the precise question at issue. The statute does not define student or otherwise attend to the question whether medical residents are subject to FICA.

Answer to Question 2

Section 10(1) of the NLRA allows the NLRB to seek appropriate relief against unions in certain matters such as secondary boycotts and jurisdictional disputes. This section of the NLRA thus narrowed the application of the Federal Anti-Injunction Act. In Chapter 7 Boys Market injunctions will be discussed, where, under limited circumstances, a court may enjoin a strike in violation of a contractual no-strike clause.