Conflicting Court Rulings Put NLRB Cases In Limbo

Law360, New York (May 1, 2009, 12:00 AM EDT) -- Two federal appeals courts issued directly conflicting opinions Friday over whether the National Labor Relations Board can legally decide cases with only two members, putting into limbo hundreds of board decisions from the last 16 months.

First, the U.S. Court of Appeals for the District of Columbia Circuit ruled that a two-person board did not constitute a quorum and that it could not act without at least one more member.

But at almost the exact same time, the U.S. Court of Appeals for the Seventh Circuit...
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