A labor dispute out of Georgia has become ground zero in a larger fight over the power of a National Labor Relations Board plagued with vacancies.
Earlier this month, management-side lawyers at Atlanta’s Constangy, Brooks & Smith won a major ruling from the U.S. Circuit Court of Appeals for the District of Columbia. The D.C. Circuit judges said the NLRB, which waited in vain for Congress to act on nominations by then-President George W. Bush to complete the board of five, doesn’t have enough members to decide cases.