The Supreme Court on Monday agreed to rule on whether the vacancy-riddled National Labor Relations Board has the authority to make decisions with only two of its five members currently in office.

The board has been operating with two members since Jan. 1, 2008, and has issued more than 400 decisions resolving allegations of unfair labor practices and disputes over union representation, including cases involving employers’ discharges of employees for exercising their organizational rights; disputes over secret ballot elections to select a union representative; employers’ unlawful withdrawals of recognition of union representatives, and refusals by employers or unions to honor their obligation to bargain in good faith.

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