High Court Justices to Decide Validity of 2-Member NLRB Decisions

November 3, 2009

The Supreme Court on Monday agreed to rule on whether the vacancy-riddled National Labor Relations Board has the authority to make decisions with only two of its five members currently in office. The board has been operating with two members since Jan. 1, 2008, and has issued more than 400 decisions resolving disputes over labor practices and union representation. The federal appeals courts have split over the board's authority to act, and at least 60 challenges to the validity of two-member rulings have been filed.