NLRB Decisions From 2008 Could Be Nullified

Law360, New York (November 24, 2008, 12:00 AM EST) -- All of the nearly 300 decisions handed down this year by the National Labor Relations Board are in danger of being nullified as legal challenges mount against the ability of the board to decide cases with only two members.

At issue is Section 3(b) of the National Labor Relations Act, which stipulates that the board “is authorized to delegate to any group of three or more members any or all of the powers which it may itself exercise.”

The act also says that “a vacancy in...
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