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New Process Steel, L.P. v. National Labor Relations Board (US 2010)

Articles Discussing Case:

Supreme Court Rules That Two-Member NLRB Did Not Have Authority To Act.

Fisher Phillips • June 18, 2010
On June 17, 2010 the U. S. Supreme Court ruled that the National Labor Relations Board (NLRB) was not authorized to act during the 27-month period after December 2007 when the Board had only two of its five members. The case required the Court to interpret the language of the National Labor Relations Act (NLRA), which provides for a five-member Board, but permits delegation to three-member panels, and also contains an exception for two-member quorums.

Supreme Court Hands Down Blockbuster Decision Invalidating Two-Member NLRB Decisions; Effect for Employers Remains Uncertain.

Franczek Radelet P.C • June 18, 2010
The Supreme Court issued its long-awaited decision in New Process Steel, L.P.v. NLRB, ruling that the National Labor Relations Board (the Board) does not have the authority to issue decisions without at least three members currently sitting on the Board. The Court’s decision invalidates in one fell swoop some 600 decisions that had been issued by the Board during a recent 27-month period in which the Board had only two members. While the Court’s decision is not expected to significantly impact the eventual outcome of those particular cases, the decision may reenergize the drive by Democrats in Congress to appoint Craig Becker and other union-friendly persons to full terms on the Board, thus creating a dramatic pro-union shift in the labor law landscape for years to come.

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