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Supreme Court Blockbuster Decision

By David Radelet, Mark S. Wilkinson and Amy Moor Gaylord
July 29, 2010

On June 24, the Supreme Court issued its long-awaited decision in New Process Steel, L.P.v. NLRB, No. 08'1457, June 17, 2010, ruling that the National Labor Relations Board (the Board) does not have the authority to issue decisions without at least three members currently sitting on the Board. The decision invalidates in one fell swoop some 600 decisions that had been issued by the Board during a recent 27-month period in which the Board had only two members. While the Court's ruling is not expected to impact significantly the eventual outcome of those particular cases, it may reenergize the drive by Democrats in Congress to appoint Craig Becker and other union-friendly persons to full terms on the Board, thus creating a dramatic pro-union shift in the labor law landscape for years to come.

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