Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
08-1457
Term
2009 Term
Oral Argument Date
March 23, 2010
Lower Court Opinion
Questions Presented
Does the National Labor Relations Board have authority to decide cases with only two sitting members, where 29 U.S.C. § 153(b) provides that “three members of the Board shall, at all times, constitute a quorum of the Board”?
Case Updates
Supreme Court rules on enforcement of two-member National Labor Relations Board decisions
June 17, 2010
The Supreme Court held that the National Labor Relations Board must have at least three sitting members to decide any case. The decision may affect hundreds of decisions from a two year period in which the NLRB only had two sitting members.
U.S. Chamber files amicus brief
December 30, 2009
NCLC urged the Supreme Court to hold that the National Labor Relations Board does not have the authority to decide cases with only two sitting Members. In this case, the NLRB upheld union claims against New Process Steel after the company refused to recognize the union. However, the NLRB only had two sitting members when it issued its opinion. In its brief, NCLC argued that the National Labor Relations Act clearly states that three sitting Board members are required to decide any case. NCLC warned that the Board's authority and the stability of labor relations throughout the country remain compromised until the Court resolves the circuit split on this issue.
Cert. petition granted
November 02, 2009
U.S. Chamber urges Supreme Court to review enforcement of two-member NLRB decisions
June 26, 2009
Click here to view the U.S. Chamber's amicus brief.