National Labor Relations Board Cannot Make Decisions With Only Two Board Members


On June 17, 2010, the United States Supreme Court issued its opinion in the case of New Process Steel v. National Labor Relations Board. At the time the National Labor Relations Board ("NLRB") decided this case, the Board had only two members. The Board had historically been compromised of five members. However, near the end of 2007, there were four members, and they delegated their powers to three members. Then, on December 31, 2007, one of the Board member's term expired, obviously leaving only two members. Over the next 27 months, those two remaining Board members issued more than 500 decisions.

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