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NLRB Law Memo 05/01/2009
by Ross Runkel at LawMemo
NLRB Law Memo 05/01/2009
by LawMemo - First in Employment Law.
Also by email.
Does the two-Member NLRB have the authority to issue orders? Courts split on the same day.
Laurel Baye Healthcare v. NLRB (DC Cir 05/01/2009)
New Process Steel v. NLRB (7th Cir 05/01/2009)
The NLRB has had 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.
Today two federal Circuit Courts came to opposite conclusions on the question of whether a two-Member Board has the authority to issue orders. The 7th Circuit held that the Board had authority, and the DC Circuit held that Board did not have the authority.
Earlier, Northeastern Land v. NLRB (1st Cir 03/13/2009) held that orders from a two-Member Board were lawful. So the Circuit split is 2-1 in favor of the Board.
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