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.

Laurel Baye cert. petition filed by NLRB

Labor professors and labor practitioners have followed the issue of whether the 5 member NLRB can issue valid decisions when three of its five seats are vacant. There is a split in circuits on the question. Yesterday the NLRB filed a petition for certiorari in Laurel Baye Healthcare of Lake Lanier, Inc. v. NLRB. Press release here.