High Court hears fate of two-member NLRB

[Omaha Steve]

Source: Wisconsin Law Journal

by Kimberly Atkins

Washington — Several justices of the U.S. Supreme Court seemed skeptical of the National Labor Relations Board’s claim that it had the power to issue opinions with only two members during oral arguments in a case challenging the Board’s authority.

The Board has operated with only two members for more than two years, and the Court’s ruling could affect the hundreds of opinions the Board has issued during that time.

The NRLB normally consists of five members. The National Labor Relations Act, 29 U.S.C. §153(b), requires that the board have a quorum of three members “at all times.”

The Act also includes the following clause: “except that two members shall constitute a quorum of any group” of three or more members delegated with full powers.



Read more: http://wislawjournal.com/article.cfm/2010/03/29/High-Court-hears-fate-of-twomember-NLRB-Ruling-could-affect-hundreds-of-labor-cases

[Historic NY]

1. Obama needs to do some recess appointments.

[David__77]

2. Card check through regulation now.

That would be a wonderful thing. Let the right attack workers.

[Historic NY]

4. well he did....its about time

[jmowreader]

3. I can think of one quick way to get a five-member NLRB

The two-member NLRB only need write a regulation: "No federal agency may purchase from or contract with, or retain a contract entered into before the publication of this Regulation, any firm located in a state with a law disallowing the establishment of closed union shops; such laws are normally called "right to work" laws. This regulation will remain in force until the NLRB's composition consists of three Democrats and two Republicans."