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For nearly two years now, the National Labor Relations Board has been operating with just two out of five members, Chairman Wilma Liebman (D) and Member Peter Schaumber (R). On Nov. 2, 2009, the U.S. Supreme Court agreed to consider whether the board has the legal authority to issue two-member rulings. New Process Steel LP v. NLRB, No 08-1457, cert granted 11/2/09. According to the board, it has had the authority to issue such decisions pursuant to Section 3(b) of the National Labor Relations Act and a March 2003 opinion by the Justice Department, which found that if the full board delegates all of its powers to a three-member panel and one of those members leaves the board, the remaining two members constitute a quorum.

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