Thursday, July 1, 2010

NLRB Announces Plans for Considering the 2-Member Cases in Aftermath of SCOTUS Decision

The Supreme Court of the United States recently dealt the NLRB a critical blow in New Process Steel v. NLRB when it ruled that the Board was not authorized to decide cases when three of its five seats were vacant. In response to numerous inquiries about how the NLRB will address this decision, today it outlined a plan. From the press release on the plan:

At the time of the June 17 Supreme Court decision, 96 of the two-member decisions were pending on appeal before the federal courts – six at the Supreme Court and 90 in various Courts of Appeals. The Board is seeking to have each of these cases remanded to the Board for further consideration.

Each of the remanded cases will be considered by a three-member panel of the Board which will include Chairman Liebman and Board Member Schaumber. Consistent with Board practice, the two other Board members not on the panel will have the opportunity to participate in the case if they so desire.

It is unclear at this time how many of the two-member Board rulings not already challenged in the federal appellate courts can or will be contested and how many may now be moot.

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