D.C. Circuit Invalidates NLRB Order Issued By Two Member Panel

In a unanimous decision authored by Chief Judge Sentelle, the United States Court of Appeals for the District of Columbia Circuit today held that a two member panel of the National Labor Relations Board does not constitute a quorum of the Board, and consequently, lacks authority to decide cases. Laurel Baye Healthcare of Lake Lanier, Inc. v. NLRB, No. 08-1162, Slip Op., May 1, 2009. In its decision, the D.C. Circuit granted the petition for review filed by Laurel Baye Healthcare of Lake Lanier, Inc. ("Laurel Baye"), and held that the NLRB's order affirming an administrative law judge's finding that Laurel Baye had engaged in various unfair labor practices was "beyond its lawful authority" and "without force." The Court of Appeals vacated the Board's order and remanded "for further proceedings before the Board at such time as it may once again consist of sufficient members to constitute a quorum."