Grappling With NLRB Authority

Law360, New York (May 7, 2009, 12:00 AM EDT) -- On May 1, 2009, the Court of Appeals for the District of Columbia Circuit ruled that the National Labor Relations Board, which has functioned with only two of its five members since Jan. 1, 2008, is “not properly constituted” and has no decision-making authority. Laurel Baye Health Care of Lake Lanier Inc. v. NLRB, No. 08-1162 (D.C. Cir., 5/1/09).

At the same time, in another unfair labor practice case raising the identical issue, the Seventh Circuit agreed to enforce a board decision and order issued by...
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