Court Holds NLRB Lacked Authority To Rule with Only Two Members; Decision Could Impact Almost Two Years of Decisions
From the end of 2007 through March 2010, the National Labor Relations Board operated with only two of its five members. Yesterday, in New Process Steel v. NLRB, 08-1457, the U.S. Supreme Court held that the two-member Board lacked the statutory authority to render decisions because the three vacant seats left it without a quorum.
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