Dangers of a nonfunctioning NLRB

Former NLRB Chairman William B. Gould, IV (1994-98) penned this op-ed piece in the New York Times concerning the effect a non-functioning NLRB on wokrers' rights. Gould among other things, urges the President to make it an election year issue.

Enjoined!

The federal Fifth Circuit has affirmed a 10(j) injunction ordering the reinstatement of unfair labor practice strikers. The Employer unsuccessfully argued the Board's December 2007 delegation of authority to the General Counsel was invalidated by the Boards subsequent loss of a quorum.

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.