New Briefs Ordered By U.S. Supreme Court In 2-Member NLRB Case
On March 23, 2010, the U.S. Supreme Court heard oral argument in New Process Steel v. NLRB, Case No. 08-1547. The issue is whether the National Labor Relations Board was acting within its authority when it issued numerous decisions during the recent twenty-eight month period where only two Members sat on the Board.
On March 27, 2010, President Obama filled two of the three vacant Board seats by making recess appointments, thus restoring a three-Member quorum. SCOTUSblog reports that on March 29, U.S. Solicitor General Elena Kagan advised the Court of this development. Late last Friday, the Court ordered the parties to file new briefs addressing the impact of these appointments on the case before the Court. Briefs are due April 26, 2010.
In the meantime, as we noted last week, the newly constituted Board has begun its work, issuing its first three-Member decision in years.
(Hat tip: Workplace Prof Blog)
