Labor & Employment Law

New briefs in New Process v NLRB

The US Supreme Court today ordered the parties to file short supplemental briefs on the following question:

"What should be the effect, if any, of the developments discussed in the letter submitted by the Solicitor General on March 29, 2010, on the proper disposition of this case?"

The Solicitor General's letter simply pointed out that the President has made two recess appointments (Craig Becker and Mark Pearce) to the NLRB.

The case was argued on March 23, raising the following issue:

"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'?"

[Order]

[Case details]

[SG's letter]

Full post as published by Ross' Employment Law Blog on April 16, 2010 (boomark / email).