Laurel Baye Healthcare of Lake Lanier, Inc. v. NLRB (D.C. Cir. 2009)
Articles Discussing Case:
D.C. Circuit Invalidates Two-Member NLRB Decision.
Constangy, Brooks & Smith, LLP • May 11, 2009
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit has invalidated an opinion by the National Labor Relations Board on the ground that the decision was issued by only two Board members. Writing for the court in Laurel Baye Healthcare of Lake Lanier, Inc. v. NLRB, Chief Judge David B. Sentelle held that the two-member Board acted beyond its lawful authority and that Section 3(b) of the National Labor Relations Act requires a three-member quorum "at all times."
