New York Racing Association, Inc. v. NLRB

The National Labor Relations Board (NLRB) (defendant) had long declined to exercise jurisdiction over labor disputes in the horse- and dog-racing industries. The NLRB considered changing this policy and held a notice-and-comment period pursuant to the requirements of the Administrative Procedure Act (APA). At the close of the period, the NLRB decided that given the specific working conditions in the industries, the impact of labor disputes in the horse- and dog-racing industries did not warrant NLRB jurisdiction over the industries. In 1979 the New York Racing Association, Inc. (the Association) filed a petition with the NLRB asking the NLRB to exercise jurisdiction over the horse- and dog-racing industries. The NLRB declined. In 1980 the Association filed a petition under the National Labor Relations Act (NLRA) once again asking the NLRB to exercise jurisdiction over the industries. The NLRB declined. The Association appealed in federal district court, seeking a writ of mandamus requiring the NLRB to exercise its jurisdiction over the horse- and dog-racing industries. The NLRB filed a motion to dismiss, arguing that the court lacked subject-matter jurisdiction. The district court denied the motion, holding that the NLRB erred by failing to conduct a thorough investigation into the potential labor disputes within the horse- and dog-racing industries. The NLRB appealed.