US Supreme Court Ruling Wipes Out Nearly 600 NLRB Decisions

The US Supreme Court Rules that a 2-Member Board Lacked Authority to Make Rulings

On June 17, 2010 the US Supreme Court ruled that the National Labor Relations Board (NLRB) was not authorized to act during the 27-month period after December 2007 when the Board had only two of its five members.

The Supreme Court held, 5 to 4, that Section 3(b) of the NLRA requires that, when the Board delegates its authority to a three-member group, that delegee group must maintain a membership of three in order for the delegation to remain valid and allow the exercise of the delegated authority.

During the 27 month period of the two-member Board, it issued nearly 600 decisions. Over 70 of those decisions were challenged in federal appellate courts on the basis that the Board did not have authority to act.

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