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On June 17, 2010, the Supreme Court announced its decision in New Process Steel v. National Labor Relations Board. The question in this case was “whether, following a delegation of the National Labor Relation Board’s powers to a three-member group, two members may continue to exercise that delegated authority once the group’s (and the Board’s) membership falls to two.”
In an opinion delivered by Justice Stevens, the Court held that two Board members cannot exercise the board’s authority. The Court reasoned that the only way to harmonize and give meaningful effect to all of the provisions of the relevant federal law is to require that the delegee group maintain a membership of at least three.
To discuss the case, we have John N. Raudabaugh, who is counsel at Nixon Peabody LLP.