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Supreme Court hears arguments on quorum for labor relations board

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The US Supreme Court heard oral arguments Tuesday in New Process Steel v. National Labor Relations Board on whether the National Labor Relations Board (NLRB) has the authority to decide cases where only two of the five-member board are present. Section 3(b) of the National Labor Relations Act provides that three members are enough to constitute a quorum of the NLRB. The US Court of Appeals for the Seventh Circuit found that the NLRB had acted appropriately and affirmed its decision in full. Counsel for the petitioner, New Process Steel, argued that the "National Labor Relations Act clearly states that at all times, a quorum of the board will be not less than three members." Counsel for the NLRB argued that the plain text of the statute allows for a two-member board in certain circumstances. The US Department of Justice (DOJ) has urged the Court to uphold all decisions by the two-member board.

Full post as published by JURIST - The Paper Chase on March 23, 2010 (boomark / email).