The vacancy-plagued National Labor Relations Board did not have authority to issue nearly 600 decisions in the last two years with only two board members, the U.S. Supreme Court ruled Thursday. The decision's immediate effect will be to return to the board an estimated 75 to 80 cases that are challenging the legitimacy of two-member board decisions. Another 500 or so cases are void, but whether the aggrieved parties petition for review of their cases may depend on the facts of those cases, according to attorneys.
June 18, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The vacancy-plagued National Labor Relations Board did not have authority to issue nearly 600 decisions in the last two years with only two board members, the U.S. Supreme Court ruled on Thursday.
In New Process Steel v. National Labor Relations Board, a 5-4 Court upended the NLRB’s attempt, dating back to 2007, to continue functioning when it foresaw that its membership was in imminent danger of dropping from four to two.
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