High Court To Weigh Legality Of 2-Member NLRB

Law360, New York (November 2, 2009, 6:02 PM EST) -- The U.S. Supreme Court agreed Monday to settle the debate over the National Labor Relations Board's authority to issue rulings with only two sitting members on the five-member board.

The justices granted a writ of certiorari to New Process Steel LP, which sought high court review of a U.S. Court of Appeals for the Seventh Circuit opinion on May 1 that a ruling by the current two-person board was acceptable and binding.

The Seventh Circuit's decision conflicted with a ruling the same day by the U.S....
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