Monday, November 2, 2009

Two Member Board decision gets SCOTUS review

The Supreme Court today granted certiorari in 08-1457 New Process Steel, L.P. v. NLRB. It is the Seventh Circuit case upholding the NLRB's authority to issue  2 member Board decisions. The NLRB had petitioned for certiorari in Laurel Baye, where the D.C. Circuit had denied enforcement of a 2 member decision holding a two-member panel did not constitute a quorum as required by the National Labor Relations Act (NLRA), previous post here.