Federal Appellate Court Holdings Strike Down (and Uphold) Decisions by the Two-Member NLRB

more+
less-

Since January 2008, the National Labor Relations Board (the "Board") has had only two (out of five) active members. Despite this apparent lack of a quorum, the Board has issued final decisions in approximately 400 cases. The authority of the two-member Board to issue decisions was challenged in many cases and has recently been addressed in three federal appellate court decisions: Laurel Baye Healthcare v. NLRB, No. 08-1162 (D.C. Cir. May 1, 2009), New Process Steel v. NLRB, No. 08-3517 (7th Cir. May 1, 2009), and Northeastern Land Services v. NLRB, 560 F.3d 36 (1st Cir. 2009). These opinions, however, do not resolve the issue of the two-member Board's authority to rule on pending cases because the D. C. Circuit struck down the Board's authority to do so and the Seventh Circuit and First Circuit upheld it. Moreover, the same issue has been raised in two cases still pending before the Second and Eighth Circuits.

Please see full ASAP for more information.

LOADING PDF: If there are any problems, click here to download the file.


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.

© Littler | Attorney Advertising

Written by:

more+
less-

Littler on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×