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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