NLRB Issues First Decisions in Returned Two-Member Cases
On Thursday, May 5, the National Labor Relations Board issued its first four decisions in cases returned to it by Courts of Appeal following the Supreme Court's New Process Steel decision. That decision held that the Board was not authorized to decide these cases when it had only two members. Between December 2007 and March 2010, only current Chairwoman Wilma Liebman and Member Peter Schaumber were serving on the Board, issuing some 600 decisions.
The Board announced:
The four decisions issued today were in cases that had been pending in federal appeals courts at the time of the Supreme Court decision, and were returned to the Board. The cases are: SPE Utility Contractors, LLC, 7-CA-50767 (unlawful discharge); Chrysler, LLC, 7-CA-51553 (refusal to provide information); ADF, Inc., 1-CA-45068 (repudiation of collective bargaining agreement and withdrawal of recognition); and Regal Health and Rehabilitation Center, 13-CA-44481, et al. (unlawful conduct during organizing campaign, with bargaining order granted). The Board is now at full strength with five members. As described in an earlier press release, each case returned to the Board will be considered by a three-member panel 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.
The Board has also posted a database of all contested cases that were decided by the two-member Board. The database is available via the NLRB's website and includes links to relevant documents and case status updates.
