What Is the REAL Impact to Employers of the New Process Steel v. NLRB U.S. Supreme Court Decision?

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On June 17, the United States Supreme Court issued its anxiously-awaited opinion in New Process Steel v. National Labor Relations Board, holding that, under Section 3(b) of the National Labor Relations Act, a two-member panel does not have statutory authority to issue decisions on behalf of the National Labor Relations Board (“Board”). The Respondent had challenged two decisions issued by a two-member Board, arguing that such a panel did not constitute a quorum as required by Section 3(b). The Supreme Court agreed with this position.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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