The U.S. Supreme Court ruled on Thursday that the National Labor Relations Board (NLRB) did not have the authority to issue over 600 decisions it issued in the last 2 years. The NLRB has had three vacancies on its five member panel for two years, and requires a working group of three members to issue decisions. A quorum of two in a working group can issue a decision, but not, the Supreme Court holds, if they are in fact the only two sitting members of the NLRB. The initial effect of this ruling in the case of New Process Steel v. National Labor Relations Board will be to send approximately 75 to 80 lower court cases challenging the legitimacy of two-member board decisions back to the NLRB. In addition, cases where the Board ordered an employee reinstated may result in new firings if those reinstatement decisions are all overturned.
- C. Megan Oltman
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