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ARTICLE · 18 JUNE 2010

Supreme Court Decision Alert - June 17, 2010

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Today the Supreme Court issued one decision, described below, of interest to the business community

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published June 17, 2010

Keywords: National Labor Relations Act, agency jurisdiction, NLRA, Supreme Court

Today the Supreme Court issued one decision, described below, of interest to the business community.

National Labor Relations Act—Agency Jurisdiction

New Process Steel, L.P. v. NLRB, No. 08-1457 (previously discussed in the November 2, 2009, Docket Report ).

The National Labor Relations Act (NLRA) grants enforcement authority to a five-member National Labor Relations Board (Board) and provides that "three members of the Board shall, at all times, constitute a quorum of the Board." 29 U.S.C. § 153(b). The NLRA also allows the Board to delegate some or all of its authority to a three-member panel and provides that "two members shall constitute a quorum of any [such] group." Id. Effective as of December 28, 2007, the Board delegated its powers to three members, one of whom was a recess appointee. That appointment expired on December 31, 2007.

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