Labor & Employment Law

SCOTUS oral argument on authority of two-Member NLRB to decide cases

New Process Steel v. NLRB (oral argument 03/23/2010)
[Details, briefs]

The NLRB has had only two Members (instead of the normal five) since the end of 2007. Near the end of 2007, there were still four Members, and they delegated their powers to a group of three. Everybody knew that only two of those three would be left at the end of the year.

On March 23 the US Supreme Court will hear oral arguments on the following question:

"Does the National Labor Relations Board have authority to decide cases with only two sitting members, where 29 U.S.C. § 153(b) provides that 'three members of the Board shall, at all times, constitute a quorum of the Board'?"

Full post as published by Ross' Employment Law Blog on March 22, 2010 (boomark / email).