28 day free trial

About Us  

Law Firm Customers  


Newest employment law cases  
Summaries and links to full text

LawMemo - First in Employment Law

Emailed directly to you
and online all the time
Home 28 Day Trial MyLawMemo Custom Alerts Newest Cases Key Word Search Employment Law Memo
EEOC Info NLRB Info Supreme Ct Arbitration Articles Law Firm Customers Arbitration Blog Employment Blog

LawMemo Employment Law Blog 

Also read LawMemo Arbitration Blog 


« 2-Member NLRB lacks authority to issue orders | Main | SCOTUS - Seniority system trumps pre-PDA pregnancy differential »

Is 2-Member NLRB authorized to issue orders? Opposite decisions on the same day.
May 01, 2009 by Ross Runkel at LawMemo

The US Circuit Court for the District of Columbia decided today that the two-Member NLRB lacks the authority to issue orders.
Laurel Baye Healthcare v. NLRB (DC Cir 05/01/2009).

Later today the 7th Circuit came to the conclusion that the two-Member NLRB does have the authority to issue orders.
New Process Steel v. NLRB (7th Cir 05/01/2009).

The NLRB has been limping along with only two Members (instead of the normal five Members) since the end of 2007. Near the end of 2007, there were still four Members, and they delegated their powers to a group of three. Everybody knew that only two of those three would be left at the end of the year.

The NLRB's position has always been that the surviving two Members are a quorum of the three to whom powers were delegated.

Employers have argued that the whole thing was a sham. On a more technical level, the argument was that the Board's delegation could not survive the loss of a quorum on the Board itself.

So now, Circuit Courts are split. The DC case gets sent back to the NLRB for a new decision by a quorum, and the 7th Circuit case gets affirmed.

For more gory details, see Employer Law Report, Two Conflicting Federal Circuit Court Decisions Issued Today Call Into Question all NLRB Opinions Issued in the Past Year and Workplace Prof Blog, Two-Member NLRB Decisions Struck Down

Just to make things interesting, Northeastern Land v. NLRB (1st Cir 03/13/2009) previously held that orders from a two-Member Board were lawful. So the Circuit split is 2-1 in favor of the Board.


Get your 28 day trial now 

Web www.LawMemo.com 
This form will search the LawMemo web site. 
It does not include Key Word Search.