Legal Alert: Supreme Court Holds that Two-Member NLRB Lacked Authority to Issue Rulings

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In a 5-4 decision, the U.S. Supreme Court has held that the National Labor Relations Board (NLRB) improperly delegated its authority to a two-member group after the expiration of two Board members' appointments in December 2007. See New Process Steel v. National Labor Relations Board (June 17, 2010). Accordingly, the two-member Board did not have authority to issue decisions on unfair labor practice and representation cases.

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