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Newest employment law cases Summaries and links to full text |
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Newest employment law cases Summaries and links to full text |
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Emailed directly to you and online all the time |
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United States Supreme Court Employment Law Cases
All pending employment law cases - click here |
New Process Steel v.
National Labor Relations Board (08-1457)
NLRB cannot act when only two of its five
positions are filled (5-4).
Decided June 17, 2010
[Opinion full
text]
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The
NLRB had only two Members (instead of the normal five Members) from the end of
2007 until March 2010. Near the end of 2007, there were still four Members, and
they delegated their powers to a group of three. On December 31, one of the
group Member's term expired, and the remaining two Members issued nearly 600
Board decisions over the next 27 months.
The
US Supreme Court (5-4) held that NLRA Section
3(b) requires that a delegee group maintain a membership of three in order to
exercise the delegated authority of the NLRB. The Court said, "reading
the delegation clause [the first sentence of §3(b)] to require that the
Board’s delegated power be vested continuously in a group of three members is
the only way to harmonize and give meaningful effect to all of the provisions in
§3(b)."
Case below: New
Process Steel v. National Labor Relations Board (7th Cir 05/01/2009)
Question presented:
Does the National Labor Relations Board have authority to decide cases with only two sitting members,
where 29 U.S.C. § 153(b) provides that "three members of the Board shall, at all times, constitute a
quorum of the Board"?
Certiorari Documents:
Briefs on the merits:
Counsel:
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