Another Serious Split On New Process Steel

Law360, New York (October 7, 2010, 12:15 PM EDT) -- During the period of January 2008 to April 2010, the National Labor Relations Board decided it could make decisions with a delegated two-person panel and made nearly 600 decisions with that panel. The cases then wound their way up the appellate ladder, with the Seventh Circuit determining the two-person decisions were fine.

Several other courts of appeals reached the same conclusion as the Seventh Circuit, although not always following the same reasoning. See Northeastern Land Servs. Ltd. v. NLRB, 560 F.3d 36, 41 (CA1 2009); Snell...
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